Terms & Conditions
Introduction
Please read all Terms of Use & Mobile Application License carefully before subscribing to a VNumber℠ (a virtual calling and call forwarding feature telephone number) and accessing or using the mobile application and its software service for VNumber℠. By accessing or using the Service, you agree to be bound by the terms and conditions set forth below. Any use of, or purchase through, this website is expressly conditioned on your acceptance of all terms and conditions stated herein and any others that may be updated and available on #VNumber | Expand horizons, stay local. DO NOT USE THIS CALL FORWARDING SERVICE, SOFTWARE OR PLATFORM, OR OTHERWISE ACCESS 011TELECOM'S VNUMBER℠ SERVICES THROUGH THIS WEBSITE AND PLATFORM, if you do not accept all the terms and conditions stated on this website.
Subject to terms and conditions shown below, 011Telecom, Inc. (FL) (“011Telecom”) grants the subscriber a single non-exclusive month-to-month limited use license (the “License”) for the VNumber(s)℠ and Mobile Application subscribed through it, that may not be sub-licensed, transferred, or assigned by the subscriber to use the calling feature groups or access the mobile application and/or 011Telecom’s website to order, to buy virtual and internet communication services, or services that include the option to participate in promotions and customer reward programs. 011Telecom reserves the right to suspend, limit, or cancel this license subject to the following terms and conditions of the License. 011Telecom reserves the right to modify the terms and conditions of this license at any time.
Under access and use of this application, you agree to be bound by all terms and conditions set out below. Any use or purchase through this application is expressly conditioned on your compliance with these terms and conditions as established hereunder and as these terms are occasionally upgraded by 011Telecom. DO NOT SIGN UP FOR THIS APPLICATION, USE THE SERVICES, CREATE AN ACCOUNT OR ACQUIRE INTERNATIONAL CALLING SERVICES IN THIS APPLICATION if you do not accept any of the terms and conditions indicated BELOW. These terms and conditions and any other offered unit are subject to The Electronic Signatures in Global and National Commerce Act (E-sign Act 2000), as amended, and according to it constitute an agreement between 011Telecom and the VNumber℠ Account User and not for anyone else. Accepting this mobile application download by choosing “I accept” in the downloading screen means user consent. WHEN YOU ACTIVATE YOUR 011TELECOM ACCOUNT OR USE ANY OF THE SERVICES, IT REPRESENTS THAT YOU ARE OF LEGAL AGE TO ACCEPT THIS AGREEMENT AND THAT YOU HAVE READ AND COMPLETELY UNDERSTAND THE TERMS AND CONDITIONS FOR THIS AGREEMENT AND APPLICATION USE.
Warning Against Unlawful Use
WARNING: It is a Federal AND State Offense to use communication services or text messages for any fraudulent means. Any and all Services furnished or performed through this platform shall not be used for any unlawful purpose.
011Telecom - VNumber℠ License & Terms of Use
Acceptance of Terms
These Terms of Purchase constitute an agreement ("Agreement") between 011Telecom, Inc. and its branded VNumber℠ Software as a Service ("011Telecom," “we,” or “us”) and the purchaser (“Customer” or “you”) for residential and small business products offered by 011Telecom ("Service") and where an electronic or written Agreement does not exist for services purchased from 011Telecom and purchased by the Customer through this website.
BY PURCHASING THROUGH THIS WEBSITE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND FULLY UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT.
By accessing this website or purchasing products therein, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, do not purchase communications feature services through this website. If you utilize the Products offered in a manner inconsistent with these terms and conditions, 011Telecom may unilaterally terminate access, block your future access, and/or seek such additional relief as the circumstances of your misuse indicate is proper.
1. Governing Law, Jurisdiction & Venue
These Terms of Use shall be governed exclusively and construed in strict accordance with the laws of the State of Florida. Customer, by virtue of purchase through this website, agrees to submit to exclusive jurisdiction and venue of the state and federal courts of Broward County, Florida, and expressly waives all defenses to jurisdiction without any consideration of conflict of law theories, case law, or principles.
2. Electronic Contract for Service
All services, including licensed use of VNumber℠ Software as a Service and Mobile Application, are agreed upon by electronic format contract that exclusively governs their terms and requirements. 011Telecom shall make available your agreement in electronic format upon request. You may request access to these electronic records in either Adobe Acrobat or standard text formats. At all times, you retain the right to request and receive documents on paper upon request to 011Telecom via email.
Once the SIM’s U.S. or Canadian phone number of the SIM is disconnected due to lack of funds on the SIM, the new number will be assigned at the time the SIM is recharged again.
3. Grant of Limited License of Use
Subject to these Terms and Conditions, 011Telecom hereby grants to you, the Customer, and only the Customer (as named in your 011Telecom account), a non-assignable, non-transferable, limited license and right to access and use the Virtual call forward number (VNumber℠) on a Software-as-a-Service (SaaS) call feature group basis inclusive of its pre-developed software, functions and methodologies, and features, the rights to which the Customer exclusively agrees vest in 011Telecom. Under this license, Customer is able to provision, operate, and manage their respective calls, messages, and other ancillary call features from 011Telecom’s virtual platform for their respective VNumber(s)℠ insofar as 011Telecom’s fees and all associated costs, charges, and expenses derived from the Customer’s use of the SaaS Solution as well as call forwarding charges for the carriage of transmission are paid or maintain a positive prepaid monetary balance with 011Telecom under these Terms and Conditions.
4. Licensed Accounts
011Telecom shall provide Customer with a dedicated Account, Account Profile, Login, and password credentials to enable Client to use the SaaS under the Limited License of Use. The account types shall vary based upon the volume and functionality of use the Customer desires. Charges of 011Telecom for expanded account volumes and use shall be established in pricing, which may be revised from time to time by 011Telecom at its sole discretion. 011Telecom reserves the right to expand or restrict functionality of its VNumber℠ service and their use of the SaaS for logistical, technical, and regulatory compliance purposes. 011Telecom is an integrated IP Enabled Communication Service Provider that offers call forwarding services to existing subscriber numbers of a user. 011Telecom has existing providers and carrier(s) connected to its network that undertake the transmission and re-transmission of on-demand Mobile App calling, call forwarding functions, and text messaging as a part of the VNumber℠ service. The expense these carriers charge is charged to the Customer by means of the prepaid balances that 011Telecom maintains on a fixed basis based upon normal consumer and business use of the Service. 011Telecom reserves the sole right to increase or decrease the amount of that balance or prepaid amount to reflect then-current rates or charges of its carriers/providers connected to its platform who render the service charge. Please check pricing before using VNumber℠ features to ensure sufficient balances for desired use of the VNumber℠.
5. Limited License of Use Restrictions
Customer shall not, nor shall it permit or assist others, to:
Modify or fraudulently use their VNumber℠, or the 011Telecom SaaS platform or Software from the Customer’s Account.
Access and de-engineer 011Telecom’s software or Proprietary Materials that enable use of their VNumber(s)℠ or its SaaS Services for any purpose other than those expressly authorized.
Process or permit to be processed the data of any third party that is not expressly authorized herein to access.
Violate any of the following agreed conditions of use.
You are solely responsible for maintaining the confidentiality and security of your account number and/or password used with your VNumber(s)℠.
You are responsible for all uses of your account, whether or not actually or expressly authorized by you. Any unauthorized access of the Customer’s account that is the result of the Customer’s negligent handling of any account number or password is expressly the liability of the Customer.
You expressly waive all legal defenses and relief against 011Telecom for any collectable debt that arises from the unauthorized access of their services, by and through your Password, PIN, and/or online VNumber℠ account, that results from your own mishandling, negligence, or disclosure of your VNumber℠ account number or password as well as any automatic access to the Mobile App you may set on your cellular telephone for the App in the event the device is stolen or lost.
Unlimited Texting within the Mobile App: You may send and receive unlimited text messages from within the Mobile App on a monthly basis. The VNumber℠ Account, however, is not intended to send text messages en masse or for commercial marketing campaigns. If 011Telecom discovers a pattern of text messages that is otherwise for a commercial use en masse, at its sole discretion, it may suspend or terminate the VNumber℠ or VNumber℠ Account for misuse. VNumber℠ unlimited texting is intended for personal use for personal and individual business purposes.
Toll-Free Accessibility within the Contiguous 48 States: Through the Mobile Application, you can call or receive forwarded calls from Toll-Free Numbers in the continental United States from within the Mobile App and your VNumber℠. However, there is no accessibility within the Mobile App to Toll-Free numbers outside this area including Alaska, Hawaii, and Puerto Rico.
Number Portability: You may port an existing number you subscribe to be your VNumber℠ within the Mobile App and VNumber℠ Account. Should you choose this feature, please contact our technical support team in addition to any choice to do so made within the Mobile App.
VNumber℠ is Not Intended to Replace Your Primary Cellular or VoIP Telephone – No E-911 or Similar Local Telephone Features: The VNumber℠ is purely a virtual number used to make receiving and making calls and text messages more convenient. It is not intended to replace your cellular service, VoIP phone, or any ordinary regular telephone service. For this reason, you expressly understand and agree that neither your VNumber℠ nor VNumber℠ Account, nor downloaded VNumber℠ Mobile App is designed or intended to support emergency calls to hospitals, law enforcement agencies, medical care units, or any other form of emergency service. You acknowledge and agree that 011Telecom is not obligated to provide emergency services in accordance with any local or national rules, regulations, or laws. You agree that VNumber℠ does not serve as a substitute for any primary telephone service you use or have access to for such purposes.
6. Customer’s Compliance with Commercial Call/Text Message Laws & Rules
As a material condition of these Terms of Use of 011Telecom’s VNumber℠ and SaaS Service, Customer agrees that for any use of the system to contact the telephone numbers of subscribers in the United States, the state and federal laws apply (including the laws of the State of Florida) and govern telemarketing/telephone solicitation and may apply to any use of the VNumber℠ for commercial purposes (“TCPA Laws”). Customer agrees that the Federal Telephone Consumer Protection Act of 1991, specifically 47 USC § 227(c)(5)(C) and 16 CFR § 310.4(b)(3) and 47 U.S.C. § 227(b)(1)(A) (“TCPA”), is a material compliance obligation of the Customer that must be observed prior to and when using the VNumber℠ for commercial purposes. This obligation includes call spoofing or obscuring compliance with these laws, or for a fraudulent purpose through the use of their VNumber℠. Customer agrees to abide by these laws and regulations as a material condition of its use of the VNumber℠ and all SaaS aspects of the Mobile Application.
7. Prohibited Use to Make Threats
Customer agrees not to use their VNumber(s)℠ to make any threats of violence, personal harm, or any threat or statement of mass-harm that may be otherwise lawfully prohibited and punishable by civil and criminal laws of the place where such threat is directed through a call or message.
8. Prohibited Use in the Commission of a Crime
Customer agrees to use their VNumber℠ for lawful purposes only. VNumber℠ is intended only for the convenience and ease of better personal and business communications service of its users through the use of its features in a lawful manner.
Should 011Telecom discover that VNumber(s)℠ are being used for purposes listed above, or similar purposes, it reserves the sole right to immediately suspend or terminate the Customer’s account and access to all VNumber(s)℠. Any records of use related to such offenses and suspension or termination of the account will be retained by 011Telecom to respond to any lawful legal requests by affected parties or appropriate law enforcement agencies.
9. VNumber℠ Service and Charges
VNumber℠ is a virtual telephone number that provides call forwarding features and functionality to receive and make calls through its Mobile Application and SaaS. The Service offers the User several different features within the Platform for the use and management of their virtual number.
Features of the Service
Numerous VNumber(s)℠ in Various Area Codes: VNumber(s)℠ are offered in multiple area codes throughout the United States and internationally. Please refer to our website for an up-to-date list before purchasing our service.
Flexible Call Forwarding and Talk Time through Mobile Application: Through your VNumber℠ Account and the Mobile Application, you can make and receive calls through your VNumber℠. You can also forward calls from another local number to your VNumber℠ either within the U.S. or internationally, and receive and make these calls directly through the App while you travel, work virtually, or use your cellular phone while on-the-go for business and personal necessity. There are a few restrictions and independent charges that may be applicable to this functionality for calls not done entirely through the Mobile Application.
Call Forwarding Outside the Mobile Application: Outbound Calling is available only through the VNumber℠ Mobile Application. However, from your VNumber℠ Account, you can call forward to any telephone number you subscribe to receive calls. If you purely call forward, charges for airtime, local phone charges, and associated fees charged by your provider or mobile provider shall apply under the terms of that telephone number’s service and subscription. Please be aware of this. There is no calling feature associated with VNumber℠ outside call forwarding available outside of using the Mobile Application.
Dedicated Mobile App: Once uploaded onto your cellular phone, and account information completed and processed by 011Telecom, the App will be dedicated to your use of VNumber(s)℠ exclusively. This includes text messages and phone calls. The Mobile App is not part of any Social Network or Messaging Group system and will be dedicated to your personal and business use exclusively. For this reason:
10. Billing and Charges
You may access and review applicable usage rates and feature pricing on our website. Multiple flexible plans are offered by 011Telecom. However, fixed plans for basic service of VNumber℠ are available on a prepaid monthly basis. All charges and rates applicable to your VNumber℠ and VNumber℠ Mobile App usage shall be those posted on our website or within the Mobile App, and 011Telecom reserves the right to change pricing from time to time at its sole discretion based upon service costs and administrative expenses associated with VNumber℠, with or without individual notice to the licensed user.
11. Payment of Billing and Charges
The Customer is responsible for paying all charges posted to its account or in an individual purchase, including charges such as shipping and handling, taxes, and other charges related to the particular transaction, on purchases through this website. Charges, including disputed amounts, must be paid by the date shown on the invoice or shipping invoice. If 011Telecom accepts late or partial payments or payments marked "Paid in Full" or similar notations, it will not waive any of 011Telecom’s rights hereunder nor will it constitute an accord or satisfaction.
12. Billing/Charge Dispute Process
To dispute VNumber℠ charges of any kind, you MUST notify 011Telecom via email to support@vnumber.com within seven (7) days of receiving your statement. 011Telecom, at its sole discretion, will review whether there is cause for a refund or credit, or if the request is unfounded and denied. VNumber℠ charge credits may be offered by 011Telecom in lieu of refund for any issue either with or without cause, at its sole discretion.
13. No Refunds Without Cause
011Telecom will not offer any refunds or reimbursements without cause. Should Customers experience problems with their VNumber℠ Service or functionality, they must first contact our Customer service line at 1-877-993-9770 or email us directly at support@vnumber.com to determine the nature of the problem or whether a refund is applicable. 011Telecom exclusively reserves the right to determine whether a request for refund is with or without cause.
14. No Warranties on Service
011TELECOM DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO VNUMBER℠ OR ITS SOFTWARE AS A SERVICE. 011TELECOM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION, USE OF THE SERVICE OR THE SOFTWARE. 011TELECOM DOES NOT WARRANT THAT VNUMBER℠ OR ITS SOFTWARE AS A SERVICE WILL BE ERROR-FREE OR WILL OPERATE WITHOUT FAILURE OR INTERRUPTION NOR THAT ANY DEFECTS IN THE PRODUCTS OR MATERIALS WILL BE CORRECTED BY THE MANUFACTURER UNDER WARRANTY. CUSTOMER MUST DEAL DIRECTLY WITH MANUFACTURER FOR SUCH ISSUES. 011TELECOM SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ASSOCIATED WITH:
011TELECOM’S EQUIPMENT, FACILITY, OR NETWORK FAILURE; NETWORK MODIFICATIONS OR UPGRADES, OUTAGES DUE TO NETWORK RELOCATION, ACTS OR OMISSIONS OF VENDORS, SERVICE PROVIDERS, UNDERLYING PROVIDERS, OR THIRD PARTIES.
IMPEDIMENTS CAUSED BY THIRD PARTIES OR UNDER FORCE MAJEURE EVENTS.
ACTS OR OMISSIONS BY YOU ON THE DEVICE ON WHICH THE MOBILE APP IS DOWNLOADED, INCLUDING DOWNLOAD OR DATA CORRUPTION DUE TO LIMITATIONS ON YOUR DEVICE.
15. Express Limitation of Liability
IN NO EVENT WILL 011TELECOM BE LIABLE TO THE CUSTOMER FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS INTERRUPTION, OR LOSS OF PROPERTY, LOSS OF DATA, BREACH OF PERSONAL INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE VNUMBER℠ OR ITS SOFTWARE AS A SERVICE, AND SERVICES SOLD THROUGH THIS WEBSITE, EVEN IF 011TELECOM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE PRODUCTS AND/OR MATERIALS SOLD THROUGH THIS WEBSITE OR THE VNUMBER℠, THE VNUMBER℠ MOBILE APP OR ITS SOFTWARE AS A SERVICE.
16. Indemnification
The Customer agrees to indemnify, defend, and hold 011Telecom, its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners, and any beneficial owners from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from Customer’s use of any Products or Devices, including, without limitation, any violation of the License and these Terms of Use by Customer. The provisions of this paragraph are for the benefit of 011Telecom and its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners, and beneficial owners in regard to the Products or Materials sold through this website. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against Customer on its own behalf.
17. Trademarks
All corporate names, service marks, logos, trade names, trademarks (including the VNumber℠ mark), websites, and domain names of 011Telecom (collectively "Marks") are and shall remain the exclusive property of 011Telecom, and nothing in this agreement shall grant Customer or any third party the license to use such Marks. All service marks and trademarks of manufacturers are and shall remain exclusively their own, and their appearance on this website shall not be construed in any way to grant or vest the Customer or any visitor a license or right to copy or use such marks from this website. Such marks are used only to offer and sell the Products of the manufacturers.
18. Copyright
All Content and Materials found at this Website, including the VNumber℠ mark, works, and image, are protected under U.S. Copyright or other intellectual property laws. Any commercial use of the VNumber℠ Service, supporting Software, Mobile Application, the Look and Feel in presentation of such under VNumber℠ Service, 011Telecom software used in the VNumber℠ Mobile App and Materials found on the Website is strictly prohibited without the express, prior, written consent of 011Telecom. Any reproduction or redistribution of the Services and/or Materials not in accordance with the terms set forth herein is expressly prohibited by law and may result in severe civil and criminal penalties.