Sagecom Cloud Virtual Office

Virtual Office Basic Plan	It is a cloud based PBX service specially designed for small and home-based businesses. It offers incoming and outgoing IVR directory service with full range of features and functions useful to enterprises	$9.95 / month
US Telephone Number	A configurable number assigned to a Virtual Office service for incoming calls from other service providers and network operators.	$3.95 / month
1st User / Employee Extension	Employee extension is a 3 – 5 digits internal number assigned to a given user / staff that can be dialed or automatically routed to from your welcome Integrated Voice Response (Automated Attendant) prompt.	$0.00
1st Group / Department Extension	Department extension is a 3 – 5 digits internal number assigned to a group of users / functional group that can be dialed or automatically routed to from your welcome Integrated Voice Response (Automated Attendant) prompt.	$0.00
Name Dial Directory	Dial-by-name directory allows callers to search for your phone users by entering a few letters of a first or last name. After performing a search, the caller can route to the extension of the user.	$0.00 / month
Enhanced Automated Attendant (IVR)	Automated receptionist that provides a personalized message to callers with options for connecting to the operator, dialing by name or extensions, or connecting up to six configurable extensions. Additionally, Auto Attendant may be configured to provide separate business and after-hours greetings. Enhanced Auto Attendant provides all the features of Auto Attendant, plus a holiday routing option and the ability to transfer to submenus.	$0.00
Extra: Dial Out	Allows you to add third party and person number to your extension accounts for outgoing calls via IVR application and select caller ID seen to the callee from the list of assigned telephone numbers i.e. you are still able to present your business number while dialing from a person number through an IVR application.	$0.00
Extra: SIP Phone	Allows you to register extensions on SIP devices or soft-phones to receive incoming calls over the Internet. Outgoing calls can be available with forced caller ID from the list of assigned telephone numbers.	$0.00
Extra: Individual Number Setting	Allows you to configure different greetings, periods and actions per assigned telephone number.	$0.00
Music On Hold	Enhance customer service with delightful music or recorded message while caller is on hold, on park or getting connected. Use our selections of pre-recorded music or upload your own!	$0.00
Enhanced Voicemail	Enjoy more than regular voicemail. Forward messages, send notification and/or copy of message as need to specified email or phone number and more. Customize personal greetings. Users can listen to, forward, delete, and save each received voice message.	$0.00
Unified Communication Feature(Follow Me)	A combination of Simultaneous and Sequential Ring, it allows users to define how incoming calls are routed or forwarded to individuals or groups of inbound callers, ensuring that you receive important calls whether you’re at your desk, on the road, or anywhere else.	$0.00
Calling Features (Call forward, Call Wait, Caller ID, Hunting)	Series of calling features that are commonly use with extensions. • Call Return. • Call Transfer. • Call Waiting. • Calling Line ID/Blocking. • Customer Originated Trace. • Distinctive Alert/Ringing. • Anonymous Call Rejection. • Do Not Disturb. • Extension Dialing.	$0.00
Unlimited On-Net Voice Calls	Free voice calls between user of Sagecom Cloud Virtual Office Service	$FREE
Unlimited On-Net Messaging between VO Users	Free messaging service between users of Sagecom Cloud Virtual Office Service	$FREE
Estimated Basic Plan before taxes and fees	$13.90

Virtual Office Basic Plan	It is a cloud based PBX service specially designed for small and home-based businesses. It offers incoming and outgoing IVR directory service with full range of features and functions useful to enterprises	$11.95 / month
CANADA Telephone Number	A configurable number assigned to a Virtual Office service for incoming calls from other service providers and network operators.	$5.95 / month
1st User / Employee Extension	Employee extension is a 3 – 5 digits internal number assigned to a given user / staff that can be dialed or automatically routed to from your welcome Integrated Voice Response (Automated Attendant) prompt.	$0.00
1st Group / Department Extension	Department extension is a 3 – 5 digits internal number assigned to a group of users / functional group that can be dialed or automatically routed to from your welcome Integrated Voice Response (Automated Attendant) prompt.	$0.00
Name Dial Directory	Dial-by-name directory allows callers to search for your phone users by entering a few letters of a first or last name. After performing a search, the caller can route to the extension of the user.	$0.00 / month
Enhanced Automated Attendant (IVR)	Automated receptionist that provides a personalized message to callers with options for connecting to the operator, dialing by name or extensions, or connecting up to six configurable extensions. Additionally, Auto Attendant may be configured to provide separate business and after-hours greetings. Enhanced Auto Attendant provides all the features of Auto Attendant, plus a holiday routing option and the ability to transfer to submenus.	$0.00
Extra: Dial Out	Allows you to add third party and person number to your extension accounts for outgoing calls via IVR application and select caller ID seen to the callee from the list of assigned telephone numbers i.e. you are still able to present your business number while dialing from a person number through an IVR application.	$0.00
Extra: SIP Phone	Allows you to register extensions on SIP devices or soft-phones to receive incoming calls over the Internet. Outgoing calls can be available with forced caller ID from the list of assigned telephone numbers.	$0.00
Extra: Individual Number Setting	Allows you to configure different greetings, periods and actions per assigned telephone number.	$0.00
Music On Hold	Enhance customer service with delightful music or recorded message while caller is on hold, on park or getting connected. Use our selections of pre-recorded music or upload your own!	$0.00
Enhanced Voicemail	Enjoy more than regular voicemail. Forward messages, send notification and/or copy of message as need to specified email or phone number and more. Customize personal greetings. Users can listen to, forward, delete, and save each received voice message.	$0.00
Unified Communication Feature(Follow Me)	A combination of Simultaneous and Sequential Ring, it allows users to define how incoming calls are routed or forwarded to individuals or groups of inbound callers, ensuring that you receive important calls whether you’re at your desk, on the road, or anywhere else.	$0.00
Calling Features (Call forward, Call Wait, Caller ID, Hunting)	Series of calling features that are commonly use with extensions. • Call Return. • Call Transfer. • Call Waiting. • Calling Line ID/Blocking. • Customer Originated Trace. • Distinctive Alert/Ringing. • Anonymous Call Rejection. • Do Not Disturb. • Extension Dialing.	$0.00
Unlimited On-Net Voice Calls	Free voice calls between user of Sagecom Cloud Virtual Office Service	$FREE
Unlimited On-Net Messaging between VO Users	Free messaging service between users of Sagecom Cloud Virtual Office Service	$FREE
Estimated Basic Plan before taxes and fees	$17.90

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Terms and Conditions

Service Terms and Conditions

I. THE AGREEMENT

These Terms and Conditions constitute the agreement (the “Agreement”) between EMTS (9Mobile)  / Sagecom, Inc. and the user (“you”, “your”, “user” or “Customer”) of EMTS (9Mobile)  / Sagecom domestic and commercial communications services and any related products or services (“Service”). For purposes of the Agreement, “you” means the customer, defined as either (i) the person identified in EMTS (9Mobile)  / Sagecom account records as responsible for payment of all charges; or (ii) any other person with actual or apparent authority to represent that person or to use the service(s).

BY ENROLLING IN, USING, OR PAYING FOR THE EMTS (9Mobile)  / Sagecom SERVICES, YOU AGREE TO THE PRICES, CHARGES, TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE PRICES, CHARGES, TERMS AND CONDITIONS, DO NOT USE THE SERVICES, AND CANCEL THE SERVICES IMMEDIATELY BY CALLING EMTS (9Mobile)  / Sagecom AT THE TOLL FREE NUMBER ON THE FIRST PAGE OF YOUR INVOICE FOR FURTHER DIRECTIONS.

The Agreement governs the Service and any devices, such as the Analog Telephone Adapter or any other IP connection device (“Device” or “Equipment”), used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understand, and you agree to, the terms and conditions of the Agreement, and you represent that you are of legal age to enter the Agreement and become bound by its terms.

EMTS (9Mobile)  / Sagecom may change the Terms and Conditions of the Agreement from time to time. Notices will be considered given and effective on the date posted on EMTS (9Mobile)  / Sagecom website at www.sagevone.com. The Agreement posted supersedes all previously agreed to electronic and written Terms and Conditions.

The rates and charges for the Service, which may be found at www.sagevone.com, are effective as of the date of service activation and are subject to change. For your most current rates and charges, the most current version of the Agreement, or if you have questions about your services, please visit our website at www.sagevone.com (See Rates and Terms & Conditions link) or call us at the toll-free number listed on the first page of your invoice.

II. EMERGENCY CALLING SERVICE

A. Non-Availability of Traditional 112 or E112 Dialing Service:


You acknowledge and understand that the Service does NOT support traditional 112 or E112 access to emergency services. EMTS (9Mobile)  / Sagecom offers a limited Emergency Calling Service available only on EMTS (9Mobile)  / Sagecom Devices as described below, but you acknowledge and understand that such Emergency Calling Service dialing is different in a number of important ways from traditional 112 services, as described herein. EMTS (9Mobile)  / Sagecom Emergency Calling Service dialing is available only on EMTS (9Mobile)  / Sagecom-certified Devices or Equipment. You agree to inform any household residents, guests and other third persons who may be present at the physical location where you use the Service as to the non-availability of traditional 112 or E112 dialing from your EMTS (9Mobile)  / Sagecom Service and Device(s). If you activate EMTS (9Mobile)  / Sagecom Emergency Calling Service dialing, you agree to inform any household residents, guests and other third persons who may be present at the physical location where you use the Service as to the important differences and limitations of EMTS (9Mobile)  / Sagecom Emergency Calling Service dialing as compared with traditional 112 or E112 dialing, as set forth in this Agreement.

B. Description of Emergency Calling Service-Type Dialing Capabilities – Activation Required

EMTS (9Mobile)  / Sagecom does offer an Emergency Calling Service that is different in a number of important ways from traditional 112 services. When you dial 112, your call is routed from the EMTS (9Mobile)  / Sagecom network to the Public Safety Answering Point (PSAP) or local emergency service personnel using the address that you provided to EMTS (9Mobile)  / Sagecom. You acknowledge and understand that when you dial 112 from your EMTS (9Mobile)  / Sagecom Equipment you will be routed to the general or administrative telephone number for the PSAP or local emergency service provider, and will not necessarily be routed to the 112 dispatcher(s) who are specifically designated to receive incoming 112 calls using traditional 112 dialing. Additionally, some PSAPs may from time to time refuse to accept calls from VoIP providers such as EMTS (9Mobile)  / Sagecom. As described herein, this Emergency Calling Service dialing currently is NOT the same as traditional 112 or E112 dialing, and at this time, does not necessarily include all of the capabilities of traditional 112 dialing.

C. Service Outage:

1. Power Outage
You acknowledge and understand that Emergency Calling Service dialing does not function without power. Should there be an interruption in the power supply, the Service and Emergency Calling Service dialing will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment before using the Service or Emergency Calling Service dialing.

2. Broadband Service Outage
You acknowledge and understand that service outages by your broadband provider will prevent, and that network congestion may slow, ALL Service including Emergency Calling Service dialing.

3. Service Outage Due to Suspension of Your Account
You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent ALL Service, including Emergency Calling Service dialing.

4. Other Service Outages
You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent ALL Service, including Emergency Calling Service dialing. Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement.

5. Limitation of Liability and Indemnification
You acknowledge and understand that EMTS (9Mobile)  / Sagecom liability is limited for any Service outage and/or inability to dial Emergency Calling Service from your line or to access emergency service personnel, as set forth in this document. You agree to defend, indemnify, and hold harmless EMTS (9Mobile)  / Sagecom, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer’s Service relating to the absence, failure or outage of the Service, including Emergency Calling Service dialing and/or inability of Customer or any third person or party or user of Customer’s Service to be able to dial 112 or to access emergency service personnel.

D. Failure to Designate the Correct Physical Address for Emergency Calling Service Dialing:

The address which the Customer provided to EMTS (9Mobile)  / Sagecom is the address that is applied to your Service for Emergency Calling Service dialing. Should you need to change this address, you must change this on the “My Account” section at the EMTS (9Mobile)  / Sagecom website or contact EMTS (9Mobile)  / Sagecom Customer Service immediately to correct this address. It may take up to three business days to effectuate a change of address or update of an address. Failure to provide the current and correct physical address and location of your EMTS (9Mobile)  / Sagecom equipment will result in any Emergency Calling Service communication you may make being routed to the wrong local emergency service provider.

E. Changing Your Primary Phone Number

You acknowledge and understand that if you change your primary EMTS (9Mobile)  / Sagecom phone number you will not be able to change your Emergency Calling Service address for seventy-two (72) hours. During that time, any Emergency Calling Service calls that you may make will be routed using the address that was in EMTS (9Mobile)  / Sagecom’s records before you changed your phone number.

F. Change of Physical Location of EMTS (9Mobile)  / Sagecom Equipment:

You acknowledge and understand that Emergency Calling Service dialing does not function properly or may not function at all if you take your equipment with you away from the address or physical location that you have designated.

G. Requires Re-Activation if You Move:

You acknowledge and understand that Emergency Calling Service dialing will not function properly or at all if you move or change the physical location of your EMTS (9Mobile)  / Sagecom equipment to a different street address, unless and until you have successfully changed your Emergency Calling Service address on the “My Account” section at the EMTS (9Mobile)  / Sagecom website or contacted EMTS (9Mobile)  / Sagecom Customer Service to correct your Emergency Calling Service address. Failure to provide the current and correct physical address and location of your EMTS (9Mobile)  / Sagecom equipment will result in any Emergency Calling Service dialing you may make being routed to the incorrect local emergency service provider.

H. Possibility of Network Congestion and/or Reduced Speed for Routing Emergency Calling Service:

You acknowledge and understand that there is a greater possibility of network congestion and/or reduced speed in the routing of an Emergency Calling Service communication made using your EMTS (9Mobile)  / Sagecom Equipment as compared to traditional 112 dialing over traditional public telephone networks. You acknowledge and understand that Emergency Calling Service dialing from your EMTS (9Mobile)  / Sagecom equipment will be routed to the general or administrative telephone number for the local emergency service provider, and will not be routed to the 112 dispatcher(s) who are specifically designated to receive incoming 112 calls at such local provider’s facilities when such calls are routed using traditional 112 dialing. You acknowledge and understand that there may be a greater possibility that the general or administrative telephone number for the local emergency service provider will produce a busy signal or will take longer to answer, or not answered at all, as compared to those 112 calls routed to the 112 dispatcher(s) who are specifically designated to receive incoming 112 calls using traditional 112 dialing.

I. Automated Number Identification:

It is not possible for the Public Safety Answering Point (PSAP) and the local emergency personnel to identify your phone number when you dial 112 to access Emergency Calling Service dialing. EMTS (9Mobile)  / Sagecom system is configured in most instances to send the automated number identification information; however, the phone system routes the traffic to the PSAP and the PSAP itself must be able to receive the information and pass it along properly, and they may not yet always technically capable of doing so. You acknowledge and understand that PSAP and emergency personnel may not be able to identify your phone number to return your call if the call is unable to be completed, is dropped or disconnected, or if you are unable to speak to tell them your phone number and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.

J. Automated Location Identification:

It is not possible to transmit identification of the address that you have listed to the Public Safety Answering Point (PSAP) and local emergency personnel for your area when you use Emergency Calling Service dialing. You acknowledge and understand that you will need to state the nature of your emergency promptly and clearly, including your location, as PSAP personnel will NOT have this information. You acknowledge and understand that PSAP and emergency personnel will not be able to find your location if the call is unable to be completed, is dropped or disconnected, if you are unable to speak to tell them your location and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.

K. Alternative Emergency Calling Service Arrangements

You acknowledge that EMTS (9Mobile)  / Sagecom does not offer primary line or lifeline services. You should always have an alternative means of accessing traditional E112 services.

III. SERVICE

A. Term

Service is offered on a monthly basis for a term that begins on the date that EMTS (9Mobile)  / Sagecom activates your account (the “Activation Date”) and ends on the day before the same date in the following month. The Activation Date will begin 72 hours after you sign-up for the Service. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give EMTS (9Mobile)  / Sagecom written notice of non-renewal at least ten [10] days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you terminate Service before the end of a monthly term, you will be responsible for the full month’s charges to the end of the then-current term, including without limitation unbilled charges, plus any applicable disconnect fee, all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement.

B. Disconnect Fee

If Customer cancels the Service for any reason or for convenience within twelve (12) months of the Activation Date, Customer will be charged a disconnect fee of $39.95 per voice line upon cancellation of Service by Customer. The disconnect fee becomes due and payable immediately upon cancellation and will be billed directly to Customer’s credit card. If Customer has multiple lines, Customer will be charged a disconnect fee of $39.95 per line for each line cancelled. Cancellations requests should be sent via email to our Billing Department at BillAdmin@EMTS (9Mobile)  / Sagecominc.com Sagevone is not able to schedule cancellations for a future date.

C. Money Back Guarantee

Where applicable, EMTS (9Mobile)  / Sagecom offers a risk-free trial to customers with compatible networks but have experienced unsolvable service issues continuously for 96 hours after initial sign-up. Refund is applicable to one primary line per account, not additional or secondary lines. Under terms of the Money-Back Guarantee, EMTS (9Mobile)  / Sagecom refunds the activation fee, first month of service and waives the disconnect fee. EMTS (9Mobile)  / Sagecom reserves the right to terminate or revoke the Money-Back Guarantee at any time, without prior notice.

Customer must cancel service within 30 days of the Activation Date. Equipment must be returned within 30 days. Usage must not exceed 250 minutes within the first 30 days of service. Customer is responsible for any charges for overage, international traffic or directory assistance. Cancellation may take up to two business days. Any usage after contacting EMTS (9Mobile)  / Sagecom is Customers responsibility. Accounts exceeding 250 minutes of usage are not eligible for refund. Customer may not port away a new phone number (DID) if Customer cancels within thirty days.

All returned equipment must be in the original packaging with the UPC or bar code intact. All components, manuals and registration card(s) must be included. Equipment must be returned with a valid return authorization number obtained from EMTS (9Mobile)  / Sagecom Customer Care. Customer is responsible for return shipping of equipment. The money back guarantee will not be honored if Customer fails to meet all above requirements.

D. Residential Use of Service and Device

If you have subscribed to EMTS (9Mobile)  / Sagecom’s residential services, the Service and Device are provided to you as a residential user, for your personal, residential, non-business and non-professional use. This means that you are not using them for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, sales, telecommuting, telemarketing, autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns. This also means that you are not to resell or transfer the Service or the Device to any other person for any purpose, or make any charge for the use of the Service, without express written permission from EMTS (9Mobile)  / Sagecom in advance. You agree that your use of the Service and/or Device, or the use of the Service and/or Device provided to you by any other person for any commercial or governmental purpose will obligate you to pay EMTS (9Mobile)  / Sagecom higher rates for commercial service on account of all periods, including past periods, in which you use, or used, the Service for commercial or governmental purposes. EMTS (9Mobile)  / Sagecom reserves the right to immediately terminate or modify the Service, if EMTS (9Mobile)  / Sagecom determines, in its sole discretion, that Customer’s Service is being used for non-residential or commercial use.

E. Business Use of Service and Device

If you have subscribed to EMTS (9Mobile)  / Sagecom’s Business Plan, the Service and Device are provided to you as a small business user. This means that you are not to resell or transfer the service or device to any other person for any purpose. You agree that the EMTS (9Mobile)  / Sagecom Business Plan does not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting. EMTS (9Mobile)  / Sagecom reserves the right to immediately terminate, modify or upgrade the Service, if EMTS (9Mobile)  / Sagecom determines, in its sole discretion, that Customer’s Service is being used for any of these. If you have a residential plan and using the Services for business purposes EMTS (9Mobile)  / Sagecom reserves the right to discontinue the service and re-rate your past usage at the then business rate retroactively to when the service was established.

F. Notice of Rate Changes

EMTS (9Mobile)  / Sagecom may change the prices and charges for the Services from time to time without notice.

G. Rounding Policy

For billing purposes, the length of each metered call is rounded as described in each Calling Plan. If the computed charge for a call includes a fraction of a cent, the fraction is rounded up to the nearest whole cent. If the computed charges for taxes and surcharges include a fraction of a cent, the fraction is rounded up to the nearest whole cent.

H. Calls to International Mobile Telephones; International Special Services Calls

EMTS (9Mobile)  / Sagecom published rates for international calls are generally the rates charged for calls to landline telephones. Some calls to international mobile telephones, or to international telephone numbers considered to be special services calls, are charged a different (usually higher) rate than calls to landline telephones. The rates you will be charged are set forth in the calling plan rate tables and are typically designated by a “MOB”, “cellular”, “mobile” or “M” notation.

I. Timing of Calls

Generally, timing of metered calls begins when the called party or an automated answering device (such as an answering machine or a facsimile machine) answers the call, and ends when one of the parties disconnects from the call. However, some foreign carriers (with whom EMTS (9Mobile)  / Sagecom must interconnect in order to terminate calls to foreign countries) designate a call as “answered” when the called party’s line rings or after a certain number of rings, and will charge EMTS (9Mobile)  / Sagecom for a completed call. In these situations, EMTS (9Mobile)  / Sagecom will charge for the call as if it were answered by the called party.

J. Use of Service and Device by Customers Outside the United States:

While we encourage the use of the Service within the United States to other countries, EMTS (9Mobile)  / Sagecom does not presently offer or support the Service to customers located in other countries. If you remove the Device to a country other than the United States and use the Service from there, you do so at your own risk, including the risk that such activity violates local laws in the country where you do so. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you.

K. Loss of Service Due to Power Failure

The Service does not function without power. Should there be an interruption in the power supply, the Service will not function until power is restored. A power failure or disruption may require you to reset or reconfigure equipment before using the Service. Power disruptions or failures will also prevent dialing to emergency service numbers including the Emergency Calling Service calling feature.

L. Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software

The Service and Device and any firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on EMTS (9Mobile)  / Sagecom website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively “marks”) of EMTS (9Mobile)  / Sagecom are and shall remain the exclusive property of EMTS (9Mobile)  / Sagecom and nothing in this Agreement shall grant you the right to license or to use such marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement and that the Device is exclusively for use in connection with the Service. If you decide to use the Service through an interface device not provided or recommended by EMTS (9Mobile)  / Sagecom, which EMTS (9Mobile)  / Sagecom reserves the right to prohibit in particular cases or generally, you promise that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless EMTS (9Mobile)  / Sagecom against any and all liability arising out of your use of such interface device with the Service.

M. Tampering with the Device

You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from EMTS (9Mobile)  / Sagecom. EMTS (9Mobile)  / Sagecom reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, plus any applicable disconnect fee, all of which immediately become due and payable.

N. Theft of Service

You agree to notify EMTS (9Mobile)  / Sagecom immediately, in writing, by electronic mail, or by calling the EMTS (9Mobile)  / Sagecom customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen or used fraudulently. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. You will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service. Notwithstanding anything herein to the contrary, credits will not be issued for charges resulting from fraud that arises out of third parties hacking into your equipment or the internet. This includes, but is not limited to, modem hijacking, wireless hijacking, or other fraud arising out of a failure of your internal/corporate procedures. EMTS (9Mobile)  / Sagecom will not issue credit for invoiced charges for fraudulent use resulting from your negligent or willful acts or those of an authorized user of your service.

O. Number Transfer on Service Termination

EMTS (9Mobile)  / Sagecom may, solely at its discretion, release the telephone number that was ported to EMTS (9Mobile)  / Sagecom by you and used in connection with your Service provisioned by EMTS (9Mobile)  / Sagecom to your new service provider, if such new service provider is able to accept such number, upon your termination of the Service, and provided (i) your account has been terminated; (ii) your EMTS (9Mobile)  / Sagecom account is completely current including payment for all charges and applicable disconnect fees; and (iii) you request the transfer upon terminating your account. The customer will not be able to port away the telephone number if the Customer cancels within thirty days of the Activation Date.

P. Service Distinctions

You acknowledge and understand that the Service is not a telephone service. Important distinctions exist between telephone service and the enhanced Service offering provided by EMTS (9Mobile)  / Sagecom. The Service is subject to different regulatory treatment than phone service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.

Q. Collect Call and Operator Services

EMTS (9Mobile)  / Sagecom offers collect call or operator services via this Service; however, they are not included in the bundled plans that EMTS (9Mobile)  / Sagecom offers using this service. All collect call and operator assistance services will be billed on a per-use basis.

R. International DIDs or phone numbers
Customers that have international (non-United States) direct inward dial phone numbers (“DIDs”) are provided with these numbers based on current United States and overseas regulations. These regulations are subject to change without notice and EMTS (9Mobile)  / Sagecom may be required to discontinue this service, without notice. EMTS (9Mobile)  / Sagecom reserves the right to discontinue International DID services for any reason at any time and is only obligated to refund the pro-rated monthly fee.

S. International Services

1. Foreign Carrier Restrictions. Foreign carriers or regulatory agencies may impose, upon the portion of the end-to-end international service or facilities they provide, certain limitations or restrictions that may limit your ability to use the EMTS (9Mobile)  / Sagecom services. You must conform to any limitations or restrictions imposed by foreign carriers or agencies.

2. Foreign Carrier Acts or Omissions.

a. When other U.S. or foreign carriers and foreign telecommunications administrations use facilities to establish connections to points not reached by EMTS (9Mobile)  / Sagecom’s network, EMTS (9Mobile)  / Sagecom is not liable for acts or omissions of other carriers or foreign telecommunications administrations.

b. International calls are priced on the basis of the country and city codes dialed by you. When the facilities of other U.S. or foreign carriers are used in establishing connections to points not reached by EMTS (9Mobile)  / Sagecom’s network, EMTS (9Mobile)  / Sagecom is not liable for refunds or damages if those calls do not terminate in the country, city or area codes associated with the called number.

T. Surcharges

In addition to surcharges that may be found in the applicable Calling Plan, EMTS (9Mobile)  / Sagecom may adjust its rates and charges or impose additional rates and charges to recover amounts it is required or permitted by governmental or quasi-governmental authorities to collect from others or pay to others in support of statutory or regulatory funds or programs (“Governmental Charges”).

U. Taxes

1. All taxes, tax-like charges, and tax-related surcharges are referred to collectively as “Tax(es).” EMTS (9Mobile)  / Sagecom may elect to impose and collect such Taxes unless otherwise constrained by court order or direction.

2. You agree to pay all Taxes imposed. If EMTS (9Mobile)  / Sagecom has collected Taxes and a challenged Tax is found to have been invalid and unenforceable, EMTS (9Mobile)  / Sagecom, in its sole discretion, will either reduce service rates for a fixed period of time in the future in order to flow-through to customers an amount equivalent to the amounts collected, or it will credit or refund such amounts to affected customers (less its reasonable administrative costs), if the amounts collected were retained by EMTS (9Mobile)  / Sagecom or if they were delivered to the jurisdiction and returned to EMTS (9Mobile)  / Sagecom, or it will negotiate an arrangement with the jurisdiction to provide a future benefit for customers in that jurisdiction.

3. If you provide EMTS (9Mobile)  / Sagecom with a duly authorized tax exemption certificate, EMTS (9Mobile)  / Sagecom will exempt you in accordance with law, effective on the date EMTS (9Mobile)  / Sagecom receives the certificate.

V. Refer Program

    The campaign is valid until further notice.
    To get your referral credit, your friend must sign up and make a payment before the offer ends.
    Users are considered to be referred by you only if they signed up for service and indicate your email as the referee during sign-up.
    When a user who has signed up after being referred by you, makes their first payment, your account will be credited with your referral credit.
    All credits and payments made during the campaign are non-refundable and non-transferable.
    The purpose of this campaign is to promote the spreading of this service to new subscribers. Thus for a person to “refer themselves” by creating several accounts with different phone numbers is against the spirit of this campaign and will be considered as misuse.
    EMTS (9Mobile)  / Sagecom has the right to withdraw issued bonuses in the case of misuse or fraudulent behavior.
    EMTS (9Mobile)  / Sagecom reserves the right to reject or terminate the campaign at any time and for any reason, at EMTS (9Mobile)  / Sagecom’s sole discretion.

IV. RESTRICTIONS ON THE USE OF SERVICE

A. EMTS (9Mobile)  / Sagecom offers its services subject to the availability of facilities, limitations of service offerings, and the provisions of this Agreement.

B. Services provided by EMTS (9Mobile)  / Sagecom under the Agreement will not be used: (1) for any unlawful purpose; (2) for making telephone calls that use automatic dialing devices and terminate into electronic information services, pay-per-call services, or other domestic or international audio text services; (3) for international call-back offerings using uncompleted call signaling to any country, when that country has prohibited such an offering by statute or regulatory decision; or (4) for business usage under a residential Service plan.

C. EMTS (9Mobile)  / Sagecom may (1) deny, for any lawful reason, your request for service, or (2) limit or allocate the facilities available to or used by any Service, if necessary, to manage its network in an efficient manner; meet reasonable service expectations; furnish service to existing and future customers based on forecasted customer requirements; or for any other lawful reason.

D. EMTS (9Mobile)  / Sagecom may, without notice (consistent with governing laws or regulations), block traffic to or from specific countries, country codes, cities, city codes, local telephone exchanges (“NXX exchanges”), individual telephone stations, groups or ranges of individual telephone stations, or calls using certain customer authorization codes, whenever EMTS (9Mobile)  / Sagecom deems it necessary to take such action to prevent (1) the unlawful use of service; (2) nonpayment for service; (3) the use of service in violation of this Agreement; or (4) network blockage or the degradation of service furnished to you or other customers.

V. PAYMENT OBLIGATIONS

A. You must provide EMTS (9Mobile)  / Sagecom with a valid credit card number when the Service is activated. If the credit card expires, you close your credit card account or your billing address changes, or the credit card is cancelled and replaced because of loss or theft, you must advise EMTS (9Mobile)  / Sagecom immediately. EMTS (9Mobile)  / Sagecom will invoice all charges on a monthly basis, in advance, to your credit card, including but not limited to: activation fees and monthly Service fees, advanced feature charges, equipment purchases and shipping and handling charges. Any charges not included in your rate plan and any additional usage charges are billed after each billing period. If EMTS (9Mobile)  / Sagecom changes its rates, recurring monthly charges affected by such change will be assessed at the new rate for the full billing period during which the new recurring charge rate became effective.

B. EMTS (9Mobile)  / Sagecom may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with EMTS (9Mobile)  / Sagecom is declined or reversed, your credit card expires and you have not provided EMTS (9Mobile)  / Sagecom with a valid replacement credit card or in case of any other non-payment of account charges. Termination of Service for declined or expired card, reversed charges or non-payment leaves you fully liable to EMTS (9Mobile)  / Sagecom for all charges accrued before termination and for all costs incurred by EMTS (9Mobile)  / Sagecom in collecting such amounts, such as (but not limited to) collection costs and attorney’s fees.

C. You are responsible for payment of all charges for services furnished to you and anyone authorized by you to use your service. This responsibility is not changed by virtue of any use, misuse, or abuse of your service undertaken or caused by third parties.

D. You must promptly notify EMTS (9Mobile)  / Sagecom of any change in your invoicing address or, if applicable, in the credit card or bank account used for payment. You should notify the EMTS (9Mobile)  / Sagecom Customer Care Department by e-mailing EMTS (9Mobile)  / Sagecom at the following address: CustomerCare@………..

E. EMTS (9Mobile)  / Sagecom will invoice Customer for Services on a monthly basis in advance and all payments are due and payable by Customer without demand or setoff within thirty (30) days from the invoice date (the “Due Date”). Amounts not paid within twenty-nine (29) days of the invoice date will be considered past due. If you make any late payments, and we bill you for the Services, we will charge you a late fee of 1.5%, which we apply to that period’s charges and any outstanding charges and late payment charges that remain unpaid at the time of the next bill. If the state law where you receive the EMTS (9Mobile)  / Sagecom services requires a lower rate, we will apply that rate.

F. If EMTS (9Mobile)  / Sagecom becomes concerned at any time about your ability to pay for services, EMTS (9Mobile)  / Sagecom may require that you pay its charges within a specified number of days and that you make such payments in cash or the equivalent of cash.

G. If EMTS (9Mobile)  / Sagecom hires a collection agency to collect, or attempt to collect, any charges owed to it, you will be liable to EMTS (9Mobile)  / Sagecom for an additional payment equal to 35% of the charges owed, where permitted by applicable law. If EMTS (9Mobile)  / Sagecom incurs any fees or expenses, including attorneys’ fees, in collecting, or attempting to collect, any charges owed EMTS (9Mobile)  / Sagecom other than by hiring a collection agency, you will be liable to EMTS (9Mobile)  / Sagecom for the payment of all such fees and expenses reasonably incurred.

H. If billing systems or other support is not available for a service, feature, surcharge, tax, or other charge element at the time of service provision, EMTS (9Mobile)  / Sagecomwill bill for that service, feature, surcharge, or other charge element as soon as it is capable of doing so.

I. No Credit Allowances for Interruption of Service. You acknowledge and agree that the Service is provided “as is.” Credit allowances for interruption of Service, including international calling services, will not be provided.

VI. CANCELLATION OF SERVICE

A. By the Customer

1. If you cancel your Service after the 30-day Money Back Guarantee period, described in Section III.C. above, you will be charged a Disconnect fee, pursuant to Section III.B. above.

2. If you cancel your Service with EMTS (9Mobile)  / Sagecom, you will not be able to use the Device or Equipment.


3. Cancellation may take up to two business days.


4. Your credit card will be charged for any usage after contacting EMTS (9Mobile)  / Sagecom to cancel your Service.

B. By EMTS (9Mobile)  / Sagecom

1. EMTS (9Mobile)  / Sagecom reserves the right to discontinue furnishing services, cancel your account, and/or block your access to EMTS (9Mobile)  / Sagecom network, without incurring any liability, immediately and without notice if EMTS (9Mobile)  / Sagecom deems that such action is necessary to prevent or to protect against fraud or to otherwise protect EMTS (9Mobile)  / Sagecom’s personnel, agents, facilities, or services. Without limitation, EMTS (9Mobile)  / Sagecom may take such actions if:

a. You refuse to furnish information or furnish false information that (i) is essential for billing; or (ii) pertains to your creditworthiness, your past or current use of common carrier communications service, or your planned use of such service;
b. You indicate that you will not comply with a request for security for the payment for services;
c. Your service usage charges exceed established parameters based on your history of usage, which may indicate a likelihood of non-payment or possible fraud;
d. You have been given written notice by EMTS (9Mobile)  / Sagecom of any past due amount (which remains unpaid, in whole or in part) for any of EMTS (9Mobile)  / Sagecom’s or an affiliated carrier’s service to which you either subscribe or had subscribed or used;
e. You either refuse to pay when billed for service or indicate to EMTS (9Mobile)  / Sagecom or an entity billing on EMTS (9Mobile)  / Sagecom’s behalf that you do not intend to pay for service used by you;
f. You use or attempt to use, service with the intent to avoid the payment, either in whole or in part, of the charges for the service by (i) using or attempting to use the service by rearranging, tampering with, or making connections to service in an unauthorized manner; or (ii) using tricks, schemes, false or invalid numbers, false credit devices, or other fraudulent means or devices;
g. You act, or fail to act, in a manner that hinders or frustrates any investigation by EMTS (9Mobile)  / Sagecom or others having legal authority to investigate your legal obligations;
h. Your telephone equipment fails to pass back to EMTS (9Mobile)  / Sagecom the appropriate signal to start and stop billing for a call;
i. You were previously provided with notice of breach of contract, took corrective action, but thereafter engaged in the same breach activity; or
j. You act in a manner that is threatening, obscene, harassing, or abusive to EMTS (9Mobile)  / Sagecom personnel.
k. You act in violation of sections III. D. or III. E. above.

2. EMTS (9Mobile)  / Sagecom reserves the right to discontinue furnishing services, cancel your account, and/or block your access to EMTS (9Mobile)  / Sagecom network, without incurring any liability, immediately upon written notice to you if:

a. Any invoice charges remain outstanding and owed by you after the 30th day from the date of the invoice notifying you of the charges; or
b. You fail to comply with a request by EMTS (9Mobile)  / Sagecom for security for the payment for services.

3. The discontinuance of service(s) by EMTS (9Mobile)  / Sagecom pursuant to these provisions does not relieve you of any obligation to pay EMTS (9Mobile)  / Sagecom for charges due and owing for service(s) furnished up to the time of discontinuance. EMTS (9Mobile)  / Sagecom may charge you a Disconnect fee if your service is canceled pursuant to either section VI. B. 1. or VI. B. 2. above.

VII. LIABILITY

A. EMTS (9Mobile)  / Sagecom will not be liable for: (i) any failure of performance due to causes beyond its control, including, but not limited to, acts of God, fires, floods or other catastrophes; national emergencies, insurrections, riots or wars, acts of terrorism, strikes, lockouts, work stoppages or other labor difficulties; and any law, order, regulation or other action of any governing authority or agency thereof; or (ii) delayed installation of EMTS (9Mobile)  / Sagecom’s facilities or commencement of service.

B. With respect to any other factual allegation, legal claim, or dispute by you or by any others, for damages associated with the ordering (including the reservation of any specific number for use with a service), installation (including delays thereof), provision, termination, maintenance, repair, interruption, or restoration of any service or facilities offered by EMTS (9Mobile)  / Sagecom, EMTS (9Mobile)  / Sagecom’s liability, if any, will be limited as follows:

1. With respect to the attempts to route calls to public safety answering points or municipal emergency service providers, as described in Section II, EMTS (9Mobile)  / Sagecom’s liability, if any, will be limited to the lesser of: (a) the actual monetary damages incurred and proved by you as the direct result of EMTS (9Mobile)  / Sagecom’s action, or failure to act, in routing the call, or (b) the sum of N10,000.00.

2. With respect to the provisioning of, or any error or omission in, data, information, or content furnished in connection with any service provided by EMTS (9Mobile)  / Sagecom, for example, Directory Assistance, EMTS (9Mobile)  / Sagecom’s liability will be limited to the lesser of: (a) the amount of actual money damages proven by you to have been incurred as the proximate result of your reliance on such data, information, or content; or (b) N10,000.00.

3. EMTS (9Mobile)  / Sagecom shall not be liable for any delays or incompletion or costs or charges pursuant to a delay or incompletion in local number portability (LNP).

C. IN NO EVENT WILL EMTS (9Mobile)  / Sagecom BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, INCLUDING LOST PROFITS (WHETHER OR NOT EMTS (9Mobile)  / Sagecom HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES) BY REASON OF ANY ACT OR OMISSION IN ITS PERFORMANCE UNDER THIS AGREEMENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.

D. EMTS (9Mobile)  / Sagecom will be indemnified, defended, and held harmless by you against all claims of loss or damage arising from the use of service furnished by EMTS (9Mobile)  / Sagecom, including:

1. Allegations or claims for libel, slander, invasion of privacy, or infringement of copyright arising out of the material, data, information, or other content transmitted via EMTS (9Mobile)  / Sagecom service; and

2. All other allegations and claims arising out of any intentional act or omission by you or others authorized by you to use the service, in connection with any service provided by EMTS (9Mobile)  / Sagecom.

E. EMTS (9Mobile)  / Sagecom MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES ABOUT ITS SERVICES AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR NON INFRINGEMENT.

EMTS (9Mobile)  / Sagecom DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON EMTS (9Mobile)  / Sagecom’s BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY BY EMTS (9Mobile)  / Sagecom.

F. EMTS (9Mobile)  / Sagecom will not be liable for any act or omission of any other company or companies furnishing a portion of the service, or from any act or omission of a third party, including those vendors participating in EMTS (9Mobile)  / Sagecom offerings made to you, or for damages associated with service, or equipment that it does not furnish, or for damages that result from the operation of customer provided systems, equipment, facilities or services that are interconnected with EMTS (9Mobile)  / Sagecom services.

VIII. DISPUTE RESOLUTION

IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION.

    Binding Arbitration

The arbitration process established by this section is governed by the Arbitration and Conciliation Act (“ACA”). Both you and EMTS (9Mobile)  / Sagecom have the right to take any dispute that qualifies to small claims court rather than arbitration. All other disputes arising out of or related to this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal or equitable theory) must be resolved by final and binding arbitration. This includes any dispute based on any product, service or advertising having a connection with this Agreement and any dispute not finally resolved by a small claims court. The arbitration will be conducted by one arbitrator using the procedures described by this Section. If any portion of this Dispute Resolution Section is determined to be unenforceable, then the remainder shall be given full force and effect. The arbitration of any dispute involving N100,000 or less shall be conducted in accordance with the Consumer Arbitration Rules of the Arbitration Association (“ACA”), as modified by this Agreement, which are in effect on the date a dispute is submitted to the ACA. The ACA’s Commercial Arbitration Rules and fee schedules will apply to any disputes in excess of $N100,000 You have the right to be represented by counsel in arbitration. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. The arbitrator may not award punitive, exemplary or similar damages.'

I agree with Acceptable Use Policy and Terms Of Service *

Additional User / Employee Extension	Employee extension is a 3 – 5 digits internal number assigned to a given user / staff that can be dialed or automatically routed to from your welcome Integrated Voice Response (Automated Attendant) prompt.	$1.95 / month
Additional Group / Department Extension	Department extension is a 3 – 5 digits internal number assigned to a group of users / functional group that can be dialed or automatically routed to from your welcome Integrated Voice Response (Automated Attendant) prompt.	$1.95 / month
Additional Telephone Number	A configurable number assigned to a Virtual Office service for incoming calls from other service providers and network operators.	$3.95 / month
Custom Auto Attendant Group – Additional	Automated receptionist that provides a personalized message to callers with options for connecting to the operator, dialing by name or extensions, or connecting up to six configurable extensions. Additionally, Auto Attendant may be configured to provide separate business and after-hours greetings. Enhanced Auto Attendant provides all the features of Auto Attendant, plus a holiday routing option and the ability to transfer to submenus.	$2.95 / month
Premium Package Plan (Unlimited Call Usage)	Allows users in a group or enterprise an unlimited usage of voice calls in a given period. Terms and conditions of use are specified on product description and it is available only in specified markets and countries.	$22.95 / month
Extra: Simultaneous Ringing	If you have more than one call forwarding number on an extension, simultaneous ringing will ring them simultaneously to reduce wait times for your callers. .	$1.95 / month
Extra: Call Recording	Call Recording allows you to record calls for future review. Once this Extra is added, you can enable Call Recording per extension on the Extensions screen.	$4.95 / month
Extra: Conferencing	Enhance collaboration and reduces travel cost. Allows moderated and unmoderated conference calls with instant recording and downloading option.	$3.95 plus usage fee
Outbound usage (domestic and international)	Traffic rate per minute or second per destination for voice and messaging services linked to a specified product plan, service location and currency.	per minute per destination

Additional User / Employee Extension	Employee extension is a 3 – 5 digits internal number assigned to a given user / staff that can be dialed or automatically routed to from your welcome Integrated Voice Response (Automated Attendant) prompt.	$2.95 / month
Additional Group / Department Extension	Department extension is a 3 – 5 digits internal number assigned to a group of users / functional group that can be dialed or automatically routed to from your welcome Integrated Voice Response (Automated Attendant) prompt.	$2.95 / month
Additional Telephone Number	A configurable number assigned to a Virtual Office service for incoming calls from other service providers and network operators.	$5.95 / month
Custom Auto Attendant Group – Additional	Automated receptionist that provides a personalized message to callers with options for connecting to the operator, dialing by name or extensions, or connecting up to six configurable extensions. Additionally, Auto Attendant may be configured to provide separate business and after-hours greetings. Enhanced Auto Attendant provides all the features of Auto Attendant, plus a holiday routing option and the ability to transfer to submenus.	$3.95 / month
Premium Package Plan (Unlimited Call Usage)	Allows users in a group or enterprise an unlimited usage of voice calls in a given period. Terms and conditions of use are specified on product description and it is available only in specified markets and countries.	$27.95 / month
Extra: Simultaneous Ringing	If you have more than one call forwarding number on an extension, simultaneous ringing will ring them simultaneously to reduce wait times for your callers. .	$2.95 / month
Extra: Call Recording	Call Recording allows you to record calls for future review. Once this Extra is added, you can enable Call Recording per extension on the Extensions screen.	$5.95 / month
Extra: Conferencing	Enhance collaboration and reduces travel cost. Allows moderated and unmoderated conference calls with instant recording and downloading option.	$4.95 plus usage fee
Outbound usage (domestic and international)	Traffic rate per minute or second per destination for voice and messaging services linked to a specified product plan, service location and currency.	per minute per destination

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