Questions regarding these Terms and Conditions should be addressed to Customer Care.
SERVICE - GENERALLY
Joip provides a VoIP-enabled telephone service, including outbound calling, inbound phone numbers, and related telephony features. The Service is offered on a prepaid basis, and user accounts that are subject to a monthly service charge are automatically replenished through a charge billed to your credit card without further action by you (“Automatic Recharge”). You hereby authorize such charges. Automatic Recharge takes place (i) on a monthly basis at the commencement of each monthly term (unless you give Joip written notice of non-renewal as set forth below) and (ii) when the Account Balance is below the level set forth in the Calling Plan Details with respect to your particular calling plan. Joip provides the Service for full monthly terms only, beginning on the date that your account is first created.
The mobile application service is not designed to replace your current mobile telephone service. In addition, no inbound calling is supported. In order to use the Services, you or your phone (depending on the device/platform you are using) must first access the joip mobile application. When making a call with the mobile application service, you must see the joip mobile application branded screen. If you do not, you have not accessed the mobile application service and you will be charged by your carrier for that call according to their rates.
You may only access the Services using authorized software and authorized operating systems identified on our Website. joip is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Software for your handset. joip reserves the right to terminate the Services if you use the Services with software or a device that is not identified on the Website as compatible.
You agree to use the Service, Software and Website for lawful purposes only. You are prohibited from utilizing the Service to engage in any conduct that is fraudulent, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, discriminatory, or otherwise objectionable, including without limitation, any material or conduct that encourages unlawful activities. If Joip suspects that you have engaged in any of the foregoing conduct, it may, in its sole discretion, (i) terminate or suspend your account or use of the Service, Software and/or Website and/or (ii) forward the offensive materials and/or information related to such prohibited conduct, your communications with Joip, and your personally identifiable information to the proper authorities for investigation or prosecution.
EMERGENCY 911 SERVICE
IMPORTANT NOTE FOR OUR PC AND MOBILE USERS – NO EMERGENCY SERVICES
The mobile application service is not a replacement for your ordinary mobile telephone service and you cannot make emergency calls using the mobile application service, although you may be able to use your mobile phone for making emergency calls via your cellular provider as normal. Neither 911, E-911, 999 or 112 (or other internationally recognized emergency service numbers) service nor any other emergency service is available through the PC and Mobile application service. If you dial any such numbers while using the PC or Mobile application service you will not be connected to an emergency operator, and neither your phone number nor your location will be reported to an emergency operator.
HOME PHONE USERS
PLEASE READ CAREFULLY THIS INFORMATION REGARDING EMERGENCY 911 SERVICE AND ITS LIMITATIONS. BY ACTIVATING AND PAYING FOR THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE LIMITATIONS OF JOIP'S EMERGENCY 911 SERVICE. YOU ALSO UNDERSTAND THE DISTINCTIONS BETWEEN SUCH EMERGENCY 911 SERVICE AND TRADITIONAL 911 OR E911 CALLS. You agree to notify any user who may place calls using your Service, including any household residents, guests or third persons who may be present in your household, of the limitations of Joip's Emergency 911 Service.
IN ORDER FOR JOIP TO PROVIDE YOU WITH EMERGENCY 911 SERVICE, YOU MUST ACCURATELY REGISTER YOUR SERVICE ADDRESS (THE GEOGRAPHICAL LOCATION WHERE YOU WILL BE USING YOUR SERVICES) WITH US. Failure to provide the correct and proper service address may result in misdirecting 911 calls to the incorrect Public Safety Answering Point (a “PSAP”) or emergency operator and/or the failure to reach the correct location and render emergency service when requested as well as the general unavailability of E911 service. In addition, because of the time it takes to properly update the E911 emergency databases by the third party providers of the database service, after you have accurately registered your service address your E911 service may not be available for up to 72 hours after you have initiated service and are able to make outbound calls using the Service.
PLEASE BE AWARE THAT EVEN IN THOSE AREAS IN WHICH JOIP OFFERS EMERGENCY 911 SERVICE, JOIP CANNOT AND DOES NOT GUARANTEE THAT THE SERVICE WILL OPERATE AS INTENDED. THE ONLY WAY TO KNOW WITH ABSOLUTE CERTAINTY THAT YOU HAVE FUNCTIONING 911 SERVICE IS TO TEST THE SYSTEM; JOIP IS NOT AUTHORIZED TO MAKE TEST CALLS TO THE 911 SYSTEM AND CANNOT AUTHORIZE YOU TO DO SO. YOU MAY WISH TO CALL THE NON-EMERGENCY NUMBER OF YOUR LOCAL POLICE OR FIRE DEPARTMENT TO FIND OUT IF THEY ARE ABLE TO HELP YOU OBTAIN SUCH PERMISSION.
There are two types of Joip emergency 911 services - enhanced 911 (or “e911”) and basic 911. With e911, your call is routed to the PSAP supporting the service address you registered with your account. The emergency operator receives the name, address, and origination phone number of the caller. With this service, you do not need to verbally provide your location to the operator. With basic 911, a call is routed to the general telephone number at the emergency response center and the emergency response center personnel receiving your call will not be able to identify your phone number or the physical address from which you are calling unless you verbally provide that information. Basic 911 is available only for a "grandfathered user", which is an “interconnected” user (as defined below) who (1) had the Service prior to November 28, 2005, (2) is located in an unsupported e911 area (as defined below), and (3) uses the Service at the service address that was in effect prior to November 28, 2005.
BECAUSE OF THE LIMITATIONS ON THE EMERGENCY 911 SERVICE, JOIP RECOMMENDS THAT YOU MAINTAIN AN ALTERNATIVE MEANS OF ACCESSING EMERGENCY SERVICES.
In addition to the limitations and conditions described above, the following additional terms, conditions and limitations apply to Joip's Emergency 911Services:
- Joip’s E911 Service will only be available for you if you are an interconnected user who has informed us that you are using your Service in the United States. You are an interconnected user if you have an inbound phone number from us and have the ability to make outbound calls. You will inform us of the geographical location where you will be using your Services by completing, during the sign-up process, the “service address” information.
Joip will initiate Service to you, as an interconnected user, only if your service address is in the geographical area where Joip can provide E911.During the sign-up process, you will provide Joip with the physical service address where you will use your Service. Joip will confirm whether it is able to provide you with E911 at that service address before completing your order. In the event that Joip determines that your service address is in a geographical location where Joip cannot provide E911 (“Unsupported E911 Area”), Joip will not provide interconnected Services to you. As a result, you will not be able to contact emergency response centers (for example, police, fire, medical and other emergency service personnel) using such Joip Services. Joip is continuously attempting to expand the geographical locations for its E911 service.
- Joip’s E911 Service will not function if your equipment is not configured properly or if your Joip services are not functioning for any reason. This includes a broadband or electrical power outage or if your broadband, ISP, or Joip services are suspended or terminated. Should there be an interruption in the power supply, the Services, including any Emergency 911 service, will not function until power is restored. A power failure or disruption may require you to reset any equipment used in connection with the Services prior to using the Services or any Emergency 911 Service. In addition, in the event of a local disaster, there is a greater possibility that an E911 call will produce a busy signal, fail to be completed, or experience long connection times due to network congestion.
- Because of the time it takes to properly update the E911 emergency databases by the third party providers of the database services, your E911 service may not be available immediately. Joip's E911 service may not function properly for up to 72 hours after you initiate service and are able to make outbound calls using the Service. In addition, E911 service may not be available at all in the event that the service address you provide is inaccurate or incomplete.
- If you move or intend to use your Services away from the geographic location you have registered with Joip, you must update your account with your new location. You agree that if you use your Service from a new location, you must register the new service address and you acknowledge that you are solely responsible for maintaining accurate physical service address information on your Joip account. Joip cannot route your emergency calls to the correct local emergency response center unless and until you have registered your new physical service address location by contacting Joip's customer service, and Joip has confirmed that it can provide E911 to the new location and has completed the registration process by updating all appropriate E911 emergency databases. Since it may take several days or more to properly update the E911 emergency databases, you should not rely on the Service for 911 emergency dialing if you are using the Service when you are temporarily traveling away from home. Until your new service address is fully registered, your 911 calls using the Service will continue to be directed to the local emergency response center that supports the service address you previously registered with Joip. The emergency response center to which any such 911 calls are routed may be unable to provide you with assistance and Joip will be unable to inform emergency response personnel of your actual location. If you register a new service address in an Unsupported E911 Area, Joip may suspend, terminate or otherwise deny Services without further notice and without liability on the part of Joip. Joip will not provide a refund for the period that your Service is suspended and normal Joip monthly plan charges will continue to apply. If your new service address is in an Unsupported 911 Area, you may elect to terminate your Service. Joip will not charge you an early termination fee, if applicable, if you terminate your Services for this reason.
- You also acknowledge and understand the limitations of liability of Joip contained below in "Legal".
"Interconnected" users located within the United States may obtain assistance in placing a call by dialing 711 to connect with a telecommunications relay service (TRS) center. Specially trained Communications Assistants at TRS centers provide confidential assistance to complete calls. In the event you wish to contact us regarding any accessibility barriers you may be experiencing or concerns you may have please contact us toll free at (800) 710-7030, by email at email@example.com or by fax at (212) 500-4888.
Please note that emergency calls should not be placed using 711. All users, including those with speech or hearing disabilities, must dial 911 for emergency services to ensure that they reach the appropriate emergency service agencies dedicated to providing service in the user’s registered geographic location.
TERMS OF PLANS
Joip reserves the right to monitor the type and amount of usage for possible abuse of the Service. For calling plans with unlimited calling minutes (except for the Unlimited Plans) usage in excess of 3,000 minutes per month is considered excessive usage and may be investigated by Joip. For the Unlimited Plans, any minutes above 10,000 minutes per month or 360 minutes per day shall be considered excessive usage and may be investigated by Joip. In either case, excessive usage may result in termination of your subscription to the applicable plan and/or our billing all additional minutes at the normal rate. Excessive usage is monitored per line per account. Calling plans with unlimited calling minutes are provided solely for residential, consumer use, and not for commercial use, as described below in Restrictions – Consumer Users.
PAYMENT AND BILLING
You authorize any charges incurred from the use of your Joip account to be billed to you through your account or credit card and authorize deltathree, on behalf of joip, to automatically charge your credit card for all fees and charges you may incur in connection with the service. You may use the Joip account only so long as your account or credit card remains valid. You agree to pay for all charges incurred by use of the Joip account issued to you and comply with all other terms and conditions set forth herein.
joip will not be responsible for any carrier airtime, roaming, access charges and surcharges that may apply when using the Services. You are solely liable for any such charges, and joip recommends that you consult your carrier for information as to such charges.
In order to protect our customers from fraudulent credit card usage we have developed a sophisticated verification process that we activate upon sign up and registration. Consequently, it can take up to forty eight (48) hours from registration for your funds to be available in your account.
You are responsible for maintaining the confidentiality of your account number and/or password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. You agree to notify Joip's Customer Care immediately if you become aware at any time that your account or the Service is being stolen or fraudulently used. You agree to be responsible for payment of all charges on your account incurred as a result of the use of your Joip debit account, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss.
You are not authorized to use your Joip account after your account or credit card has expired or been withdrawn, revoked, or terminated. Nevertheless you remain responsible to Joip for any charges resulting from the use of your Joip account after any such expiration, withdrawal, revocation or termination, which charges are payable immediately to Joip.
Charges for the Service will be rated and charged in accordance with the rates provided by Joip, any promotional offer pursuant to the published terms of such offer by Joip, or as otherwise provided in our price list or on the Website. Call times for each call are rounded up to the next whole minute and billed in full minute increments. Per call charges are rounded up to the next whole cent. All calls that are determined to have been answered incur a minimum one (1) minute charge. Joip relies on reasonable and standard technologies to determine whether and when a call has been answered, including without limitation signals sent by the carrier connecting the call that indicates the commencement of the call. These technologies are not perfect or entirely reliable and it is possible for call-commencement signals to be received in error. All such calls for which we receive a call commencement signal will be deemed to have been completed. You must notify Joip in writing of any disputed charges within sixty (60) days of the charges or you will be deemed to have waived your right to dispute the charges.
Certain federal, state, provincial, municipal, local or other governmental sales, use, excise, value added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future (collectively, “Taxes”) may apply or become applicable in connection with the use of the Service, Software or Website. You will be solely responsible for any Taxes, and such Taxes will be deducted automatically from your prepaid debit Account Balance or charged directly to your credit card.
Joip may charge an enhanced services fee and administrative recovery fee applicable in connection with the use of the Service, Software or Website. The enhanced services fee recovers Joip's costs for enhanced 911 services and other enhanced services as they become applicable, and the administrative recovery fee assists in deferring the costs Joip incurs in complying with regulatory requirements as well as other expenses and charges Joip incurs in providing service. The enhanced services fee and administrative recovery fee will be deducted from your prepaid debit Account Balance or charged directly to your credit card.
All prices are subject to change without prior notice. We will use commercially reasonable efforts to notify you of any changes to calling plans subject to a fixed monthly fee (the “Monthly Fee”) pursuant to the applicable Calling Plan Details, but such notification shall not be deemed a prerequisite to the effectiveness of any such change. Our rates may not include additional charges you may be assessed for originating a call from a cell phone. In addition, you will be responsible to pay any fees that Joip charges for optional services that you subscribe to from Joip. If you elect to subscribe to the "Directory Listing" service you will be charged $1.50 per month (or the pro rata portion thereof), which assists in recovering the costs Joip incurs in paying a third party provider in connection with the service as well as other expenses and charges Joip incurs in providing the service. These fees will be deducted from your prepaid debit Account Balance or charged directly to your credit card.
All Monthly Fees and any additional per minute charges incurred will be deducted from your prepaid debit account or charged directly to your credit card on the same date and at the same time every month, with a possible delay of four (4) hours that may cause a possible shift in date, from time to time.
If you are subscribed to a calling plan subject to a Monthly Fee, and in the event that your debit Account Balance drops below the level set forth in the Calling Plan Details with respect to your particular calling plan, your credit card will automatically be recharged in the amount specified by you during sign up, unless your account is not subject to Automatic Recharge. In the event that your calling plan is subject to Automatic Recharge and your account falls below the level set forth in the Calling Plan Details with respect to your particular calling plan, but the charge for the Automatic Recharge fails, you will be automatically downgraded to a per-minute price plan.
ACCOUNT EXPIRATION AND TERMINATION
You may terminate your account at any time by providing at least ten (10) days' prior written notice to Joip Customer Care that contains your name, account number and clear request to terminate the Service. If you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges through the end of the then-current monthly term. Any notice of termination received within the final ten (10) days of any monthly term will be effective as of the conclusion of the subsequent month. Accounts not subject to Automatic Recharge will expire after one hundred and twenty (120) days unless a call has been made or funds have been added.
All eligibility for bonuses is described in the applicable Calling Plan Details. Bonuses based on the amount of charge to your credit card will be activated only after completion of the charge. These bonuses must be used within sixty (60) days of activation (unless stated otherwise in the materials describing the applicable calling plan). Any unused bonus funds will expire. Bonuses based on minutes usage will be activated after the defined usage. These bonuses do not expire. Joip reserves the right to change and/or add new types of bonuses and to change the expiration period of the existing types of bonuses. Any changes will apply only to future bonuses and periods.
Please note that in cases of international shipping, Joip will not be held responsible for any delays resulting from local customs offices or the processing through the local postal service.
REFUNDS AND MONEY BACK GUARANTEES
If you are not satisfied with the Service you have activated, you may request a refund of unused funds in your pre-paid Account Balance within sixty (60) days of your credit card charge, subject to payment of any applicable monthly fees or usage charges. Such funds include only those you actually paid and do not include bonuses or other promotional additions to your Account Balance. A $2.00 refund processing fee will be incurred for all refunds processed (excluding refunds under the terms of the Money Back Guarantee).
Money Back Guarantee
Joip offers a comprehensive money-back guarantee to joip offers a comprehensive money-back guarantee to subscribers who cancel their service within thirty (30) days of account activation, provided that they have not exceeded thirty (30) minutes or $2.00 of usage (on out of plan calls).
For Broadband Phone Users
If you were shipped an adapter for Broadband Phone Service, the Money Back Guarantee is payable and contingent upon your returning such equipment to Joip. The device must be returned to Joip in the condition it was received and in the original packaging. You are responsible for return shipping and associated costs and you must contact Joip Customer Care to cancel your service and obtain a return merchandise authorization (RMA) number before shipping the equipment. The device must be returned to Joip within 45 days of obtaining the RMA number.
Cancellation of Broadband Phone Service within the first 12 months of service, after the 30 day Money Back Guarantee period, is subject to a deactivation fee of $39.99. The adaptor that was provided for free as part of the Broadband Phone Service that you purchased is available for use with the Joip network only. In no event will it be possible to use this device with another network. For more information, visit our FAQs (and type in a search for “guarantee” or “cancellation”).
The Service, Software and materials contained on the Website and otherwise provided by Joip are protected by copyright, and/or other intellectual property laws. Any commercial or unauthorized use of the Service, Software and materials contained in the Website is strictly prohibited, without the express, prior, written consent of Joip. Any reproduction or redistribution of the Service, Software and materials contained in the Website not in accordance with the terms set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties.
Use of Software
If you have subscribed to one of Joip's consumer calling plans, the Service is provided to you as an individual user, for your personal, non-business and non-professional use. This means that you are not using the Service for any commercial (for-profit or not-for-profit) or governmental activities, including but not limited to home office, business, sales, telecommuting, telemarketing, autodialing, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns. Additionally, you may not resell or transfer the Service to any other person for any purpose, or make any charge for the use of the Service, without express prior written permission from Joip. You agree that your use of the Service, or the use of the Service provided to you by any other person for any commercial or governmental purpose, will obligate you to pay Joip's higher rates for business plans on account of all periods, including past periods, in which you use, or used, the Service. Joip reserves the right to immediately terminate or modify the Service, if Joip determines, in its sole discretion, that your Service is being used for non-residential or commercial use.
The Service, the Software and the Website and any equipment provided by Joip are provided “as is”. JOIP DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, THE SOFTWARE, THE WEBSITE OR ANY EQUIPMENT PROVIDED. NEITHER JOIP NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, SERVICE PROVIDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS ARE OR WILL BE LIABLE FOR THE INABILITY TO MAKE EMERGENCY SERVICE CALLS, INCLUDING WITHOUT LIMITATION 911 CALLS, OR YOUR FAILURE TO MAKE SUCH EMERGENCY CALLS USING THE SERVICES OR SOFTWARE.
In no event will deltathree, its affiliates, subsidiaries, service providers, partners, officers, directors, employees or agents be liable for any direct, indirect, incidental or consequential, punitive, or special damages (including, but not limited to damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, the software or the website or any transactions provided on, or hyperlinked, from the website, even if deltathree or its authorized representatives have been advised of the possibility of such damages, or any claim attributable to errors, omissions, or other inaccuracies in the services and/or materials or information downloaded through, or hyperlinked from, the website (including without limitation the inability by you or any third party to be able to dial 911 or other emergency service numbers or to access emergency service personnel through the service). By way of example only, and not limitation, deltathree and its affiliates, subsidiaries, service providers, partners, officers, directors, employees and agents shall not be liable for any delay or failure to provide the Service at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
- act or omission of an underlying carrier, service provider, vendor or other third party;
- equipment, network or facility failure, upgrade or modification; force majeure events such as (but not limited to); strikes; fire; war; riot; government actions;
- equipment, network or facility shortage or relocation;
- service, equipment, network or facility failure caused by the loss of power to you;
- outage of your ISP or broadband service provider;
- your act or omission or that of any other person using the Service provided to you; or
- any other cause that is beyond deltathree's control, including without limitation, the failure of an incoming or outgoing communication, the inability of communications to be connected or completed.
deltathree's entire liability for any claim, loss, damage, or expense from any cause whatsoever, shall in no event exceed sums actually paid to Joip by you for the specific services giving rise to the claim.
Links available on or through the Website may enable you to leave the Website. The linked sites are not under the control of deltathree and deltathree is not responsible for the content of any linked site or any link contained on or through a linked site, any changes or updates to such sites or the privacy practices of any linked site. It is up to you to take precautions to ensure that whatever you select for your use is free of viruses, worms, Trojan horses and other items of a destructive nature. deltathree is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Joip.
Joip cannot and does not guarantee or warrant that the files available for downloading from the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Service, Software and Website, and your use of the Internet.
You agree to indemnify, defend and hold harmless deltathree, its affiliates, subsidiaries, service providers, partners, officers, directors, employees and agents (the “Indemnified Parties”) from and against all third party claims, losses, expenses, actions, liabilities, damages and costs (including without limitation reasonable attorneys' fees) arising out of or in connection with any claim, demand, action, suit, investigation, arbitration, or other proceeding by a third party to the extent directly or indirectly arising from your use of the Service provided by Joip, including the inability by you or any third party to be able to dial 911 or to access emergency service personnel . The provisions of this paragraph are for the benefit of the Indemnified Parties. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
You agree that Joip, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, Software or Website, for any reason, or no reason. Joip may also in its sole discretion, discontinue providing or modify the Service, Software or Website or any parts thereof. You agree that any termination of your access to, or modification of, the Service, Software or Website may be effected without prior notice. Further, you agree that Joip shall not be liable to you or any third-party for any such termination, modification, deactivation or any other act of Joip contemplated by this paragraph.
The export and re-export of the Service, Software and Website are controlled by the export laws and regulations of the United States, as they may be amended from time to time. Accordingly, you agree to comply with all applicable export rules and regulations, including the responsibility to obtain a license for the export or re-export of the Service, Software and Website to any destination requiring such a license. In addition, the materials may not be exported or re-exported (i) into, or to a national or resident of, any country to which the United States has embargoed goods, or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or (iii) any other country to which the United States prohibits the export of goods, technology or services or to nationals of those countries, wherever located. By activating the Service, downloading or using the Software or using the Website, you are certifying that you are not a national of one of these countries or of any other country to which the United States embargoes goods, services or technology and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
Updated: January 2013