Terms of Service

1.Definitions

As used in these Terms:

• “Service(s)” means the communications services provided by RingOne to Customer, which may include:
  • Hosted VoIP and cloud-based business phone service;
  • SIP trunking;
  • Unified communications features, including voicemail, auto attendant, video conferencing, and business SMS/MMS;
  • Fax-over-IP services;
  • Related software applications, portals, and mobile or desktop clients; and
  • Any other service identified on a service order.
• “Equipment” means any telephone, adapter, router, or other hardware provided by or purchased through RingOne for use with the Services.
• “Order” means a service order, quote, or online enrollment accepted by RingOne that identifies the Services, quantities, pricing, and term.
• “Term” means the initial service period stated on the Order and any renewal period.

2.Provision of Service

RingOne will provide the Services identified on the Order in a commercially reasonable manner. The Services are intended for business use. The Services depend on Customer-supplied broadband internet access and electrical power, neither of which is provided by RingOne. Customer is responsible for maintaining sufficient bandwidth and network quality to support the Services.

3.Installation; Access to Premises

Where an Order includes on-site installation, Customer authorizes RingOne and its employees, agents, and contractors to enter Customer’s premises at mutually agreed times to install, maintain, inspect, repair, and remove RingOne-owned Equipment. If Customer is not the owner of the premises, Customer represents that it is authorized to grant such access and, upon RingOne’s request, will obtain any required consent from the owner or landlord.

Customer may elect to self-install Equipment, software, or Services at Customer’s own risk and expense. Technical support for issues arising from self-installation, Customer-provided equipment, or Customer’s network may be billed at RingOne’s then-current hourly rates. Customer is responsible for backing up its data before any installation, maintenance, or support activity. RingOne is not responsible for damage to, or loss of, Customer’s equipment, software, or data arising from installation, maintenance, or support activities.

4.911 / E911 Emergency Service Limitations

The Services include access to 911/E911 emergency dialing, which differs in important ways from traditional landline 911. Emergency calls are routed based on the registered service address on file for each device. Customer must register an accurate physical address for every device and must promptly update that address whenever a device is moved. Emergency dialing may be unavailable during a power outage, broadband outage, network congestion, account suspension, or if a device is used at an unregistered location. Customer acknowledges these limitations, agrees to inform all users of the Services of them, and agrees to maintain an alternative means of accessing emergency services. Customer agrees to place any RingOne-provided 911 advisory labels on or near all devices used with the Services.

The Services are not designed or intended to function with outdialing systems, including home or business security systems, medical monitoring equipment, TTY devices, and satellite television systems. Customer waives all claims against RingOne for interruption or disruption of any such systems by the Services.

5.Charges, Billing, and Payment

Customer agrees to pay all recurring charges, usage charges, one-time fees, and Equipment charges stated on the Order or in RingOne’s then-current rate schedules. Recurring charges are billed monthly in advance; usage charges are billed in arrears. Invoices are due upon receipt and become past due fifteen (15) days after the invoice date. Past-due balances may accrue a late charge of the lesser of 1.5% per month or the maximum rate permitted by law. Customer must dispute any charge in writing within ten (10) days of the invoice date; undisputed portions remain payable when due.

If Customer provides a credit card, debit card, or bank account for payment, Customer authorizes RingOne to charge that payment method for all recurring charges, usage charges, fees, taxes, Equipment charges (including charges for unreturned Equipment), and other amounts due under these Terms, and to update stored payment credentials through card-network account-updater services where available. Customer is responsible for keeping its payment information current.

RingOne may suspend Services for nonpayment after notice. If Services are suspended for nonpayment, RingOne may require payment of all past-due amounts, plus a reconnection fee of $150.00, before Services are restored. If RingOne refers a delinquent account to a third-party collection agency, Customer is responsible for the reasonable costs of collection, including collection agency fees, to the extent permitted by law.

6.Taxes and Regulatory Fees

Charges do not include applicable federal, state, and local taxes, surcharges, universal service contributions, E911 fees, or other governmental assessments, all of which are Customer’s responsibility and will appear on Customer’s invoice. RingOne may also assess cost-recovery fees to recoup regulatory compliance expenses where permitted by law.

7.Fair Usage

Plans described as “unlimited” are provided for normal, live-dialog business voice use. Usage inconsistent with normal business calling — including auto-dialing, continuous call forwarding, telemarketing, call-center-scale traffic on non-call-center plans, fax broadcasting, or resale — is not covered. Calls are subject to a fair usage limit of 2,000 minutes per line per month. Where usage exceeds this limit, RingOne may charge overage at a rate of $0.025 per minute, move Customer to an appropriate metered plan, or suspend the affected Service after notice. International calls are billed at RingOne’s then-current international rates.

8.Acceptable Use; Network Protection

Customer will not use the Services: (a) in violation of any applicable law or regulation, including the Telephone Consumer Protection Act and applicable robocall and caller-ID spoofing rules; (b) to transmit unlawful, threatening, or fraudulent communications; (c) to attempt unauthorized access to any network, system, or account; (d) in any manner that interferes with the network or other customers’ use of services; or (e) to resell the Services without RingOne’s prior written consent. RingOne may suspend or terminate Services immediately for violations that threaten the network, other customers, or legal compliance.

To protect the integrity of its network, RingOne may, in its reasonable discretion and without liability, temporarily block duplicate or repeated numbers dialed in succession, or other calling patterns that RingOne reasonably considers potentially harmful to the network.

9.Equipment

Title to purchased Equipment passes to Customer upon payment in full; risk of loss passes upon delivery. Equipment identified as rented or leased remains RingOne’s property and must be returned in good condition, normal wear excepted, within six (6) business days of Service termination, failing which Customer will be charged the replacement value. Customer is responsible for the configuration and security of any customer-provided equipment, including preventing toll fraud originating from Customer’s network or credentials.

10.Fraudulent or Unauthorized Use

Customer is responsible for all charges incurred through Customer’s account, including charges arising from unauthorized or fraudulent use of the Services or Customer’s credentials, whether or not authorized by Customer. Customer must safeguard passwords and promptly notify RingOne of any suspected compromise. RingOne may, but is not obligated to, suspend Services or block traffic patterns that it reasonably suspects to be fraudulent.

11.Users; Responsibility for Use

Customer accepts these Terms on behalf of all persons who use the Services through Customer’s account, devices, phone systems, or network. Customer is solely responsible for ensuring that all such users understand and comply with these Terms, and Customer is responsible and liable for all use of the Services under its account, whether by Customer or by any other user.

12.Term and Renewal

The initial Term begins on the Service activation date and continues for the period stated on the Order. Unless either party gives written notice of non-renewal at least sixty (60) days before the end of the then-current Term, the Term automatically renews for successive 12-month periods at RingOne’s then-current rates.

13.Termination

Either party may terminate for material breach if the breach is not cured within thirty (30) days after written notice (ten (10) days for nonpayment). RingOne may terminate or suspend immediately for violations of Sections 8 (Acceptable Use; Network Protection) or 10 (Fraudulent or Unauthorized Use), or where required by law or a carrier partner. Upon any termination, all unpaid charges become immediately due, and Customer’s access to the Services, portals, and stored data (including voicemail and call recordings) will end. Customer is responsible for exporting any data it wishes to retain before the termination effective date.

14.Early Termination

If Customer terminates any Service before the end of the then-current Term for any reason other than RingOne’s uncured material breach, or if RingOne terminates for Customer’s breach, Customer will pay an early termination fee calculated as follows: (a) for Services billed at a fixed monthly recurring charge, 100% of the monthly recurring charges for the terminated Service multiplied by the number of months remaining in the Term; and (b) for Services billed on a usage basis, the average of the monthly usage charges for the three (3) months preceding termination (or, if fewer than three months have elapsed, the actual number of months elapsed) multiplied by the number of months remaining in the Term. The early termination fee also includes any unpaid installation or Equipment charges and any promotional credits or waived fees that were conditioned on completion of the Term. The parties agree that this fee is a reasonable estimate of RingOne’s losses from early termination, constitutes liquidated damages and not a penalty, and is due within thirty (30) days of the termination effective date. Early termination of one Service does not affect Customer’s obligations for any remaining Services.

15.Number Porting

RingOne will cooperate with Customer’s reasonable requests to port telephone numbers to another provider following termination, subject to payment of all outstanding undisputed charges and applicable porting fees. Customer is responsible for initiating ports through the winning carrier and should not cancel Service until porting is complete, as cancelled numbers may not be recoverable.

16.Service Availability; Disclaimer of Warranties

RingOne will use commercially reasonable efforts to make the Services available on a continuous basis, but does not guarantee uninterrupted or error-free service. Scheduled maintenance, force majeure events, third-party carrier or internet failures, and Customer network conditions may affect availability. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES AND EQUIPMENT ARE PROVIDED “AS IS,” AND RINGONE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

17.Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RINGONE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE CHARGES PAID BY CUSTOMER FOR THE AFFECTED SERVICE DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT WILL RINGONE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. RINGONE’S LIABILITY IN CONNECTION WITH 911/E911 SERVICE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

18.Indemnification

Customer will defend, indemnify, and hold harmless RingOne and its officers, directors, employees, agents, and suppliers from and against any third-party claims, damages, and expenses (including reasonable attorneys’ fees) arising out of (a) Customer’s use of the Services in violation of these Terms or applicable law, (b) Customer’s content or communications transmitted through the Services, (c) inaccurate 911 registered location information supplied by Customer, or (d) claims by Customer’s end users.

19.Privacy; CPNI

RingOne’s collection and use of personal information is described in the RingOne Privacy Policy, available at www.ringonecommunications.com/privacy-policy, which is incorporated into these Terms. Certain information about Customer’s use of telecommunications services constitutes Customer Proprietary Network Information (“CPNI”) under federal law, and RingOne protects and uses CPNI in accordance with applicable FCC rules. RingOne may disclose account and usage information where required by law, subpoena, court order, or valid law-enforcement request, or where necessary to protect persons or property from imminent harm.

20.Call Recording

If Customer uses any call recording feature, Customer is solely responsible for complying with all applicable call recording and consent laws, including obtaining any legally required consent from call participants.

21.Changes to the Services or Terms

RingOne may modify features of the Services and may amend these Terms by posting an updated version and providing notice to Customer. Material changes take effect no earlier than thirty (30) days after notice. Customer’s continued use of the Services after the effective date constitutes acceptance of the amended Terms.

22.Force Majeure

Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, power or internet failures, carrier outages, labor disputes, acts of government, or acts of war or terrorism.

23.Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of Virginia, without regard to conflict-of-laws principles. The parties will first attempt in good faith to resolve any dispute informally. Any dispute not resolved informally will be brought exclusively in the state or federal courts located in Pittsylvania County, Virginia, and each party consents to the jurisdiction and venue of those courts. The prevailing party in any action or proceeding arising out of or relating to these Terms will be entitled to recover its reasonable attorneys’ fees and costs, in addition to any other relief awarded. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.

24.Miscellaneous

These Terms, together with the Order, the Privacy Policy, and any policies expressly incorporated by reference, constitute the entire agreement between the parties regarding the Services and supersede all prior discussions. If any provision is held unenforceable, the remainder remains in effect. RingOne’s failure to enforce a provision is not a waiver. Customer may not assign these Terms without RingOne’s written consent; RingOne may assign to an affiliate or successor. Notices to Customer may be given by email to the address on file or by posting to the customer portal; notices to RingOne must be sent to the address in Section 25. Sections 5 (with respect to accrued payment obligations), 10, 14, 16, 17, 18, and 23, and any other provisions that by their nature should survive, will survive any termination or expiration of these Terms.

25.Contact

Questions about these Terms may be directed to: