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Nextiva terms, conditions, and policies can be found below.
TERMS & CONDITIONS
SIGNING UP FOR NEXTIVA’S VOIP SERVICE CREATES A CONTRACT BETWEEN YOU AND US, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS AGREEMENT. ANY ONE OF THE FOLLOWING ACTIONS CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS: (1) ACCEPTING THE TERMS AND CONDITIONS ELECTRONICALLY DURING THE ORDERING PROCESS AND/OR UPON LOGGING ON TO USE YOUR SERVICE, (2) YOUR SUBMISSION OF AN ORDER, (3) YOUR USE OF THE SERVICE DESCRIBED HEREIN. THROUGH THESE ACTIONS YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT.
Section 9.1 above will not apply to Rented Devices.
Unless otherwise agreed upon, Client agrees that within thirty (30) days after the expiration of the Term of any Device Rental Agreement or termination of this Agreement, Client will promptly return all Rented Devices to Nextiva. Client will be responsible for (i) any damage to the Rented Devices as assessed by Nextiva upon receipt, (ii) the replacement cost of such Rented Devices if it is lost, misplaced, not delivered or stolen during transit, and (iii) shipping/handling costs.
Client agrees to pay the full retail cost for the repair or replacement of any Rented Device or part that is lost, stolen, damaged, modified, sold, transferred, leased, encumbered or assigned together with any costs incurred by Nextiva in obtaining or attempting to obtain possession of any Rented Devices.
Updated: May 3, 2019
TERMS & CONDITIONS
SIGNING UP FOR NEXTIVA'S FAX SERVICE CREATES A CONTRACT BETWEEN YOU AND US, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS AGREEMENT. YOU ARE AGREEING TO BE BOUND BY ANY ONE OF THE FOLLOWING ACTIONS CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS: (1) ACCEPTING THE TERMS AND CONDITIONS ELECTRONICALLY DURING THE ORDERING PROCESS AND/OR UPON LOGGING ON TO USE YOUR SERVICE, (2) YOUR SUBMISSION OF AN ORDER, (3) YOUR USE OF THE SERVICE DESCRIBED HEREIN. THROUGH THESE ACTIONS YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT.
October 31, 2017
TERMS & CONDITIONS
These terms of service (the "Terms") are a binding legal contract between Nextiva, Inc., its afﬁliates, licensors, and subsidiaries (collectively, "Nextiva"), and the individual or legal entity who subscribes to the Nextiva Services ("you" or "your"). Any one of the following actions constitutes your acceptance and agreement to be bound by these Terms: (1) accepting the Terms electronically during the ordering process and/or logging on to use the Services, (2) your submission of an order, or (3) your use of the Services described herein. If you accept these Terms on behalf of a legal entity, you represent and warrant that you have the authority to accept these Terms on behalf of that legal entity. These Terms govern your use of any Nextiva online services ("Services"), the Nextiva website ("Site"), the client software distributed with this agreement and any other software provided by Nextiva, including any updates and any accompanying documentation ("Software"). Collectively, the Software, the Site and the Services may be referred to as the "Products." Your continued subscription to the Services following modiﬁ- cation to the Services or these Terms, establishes your agreement to be bound by the application of the Terms to the modiﬁed Services or the modiﬁed Terms. If you do not agree to be bound by these Terms, you may not subscribe to the Services.
You must register with Nextiva to use the Services, and you agree to keep your registration information accurate, complete and up to date as long as you continue to use the Services. You must create a Nextiva account that is protected by a username and password (your "Account"). If you are currently a Nextiva, Inc. voice subscriber, you may use the same username and password as your Nextiva, Inc. voice account. You agree to keep your password and other Account information secret, and not share that information with anyone else, in order to prevent unauthorized access to your Account. You are solely responsible for any activity that occurs under your user names and accounts, including any sub-accounts. You must notify Nextiva immediately of any unauthorized use of your accounts or any other security breach related to the Service. After you create an Account, the Services can begin to upload, download and access content and materials for which you have a legal right to copy, publish, share, store or otherwise use ("User Data").
If you subscribed to the Services through a legal entity such as your business, or through a Nextiva authorized reseller, you acknowledge and agree that other users may have been designated to access, control or manage your Account and your User Data. You, not Nextiva, are solely responsible for your Account and User Data.
Nextiva is not liable for any loss or damage arising out of any access to, sharing or use of, your Account and User Data. If you believe there has been unauthorized access to your Account or your User Data, you must notify Nextiva immediately.
To ensure your Service is uninterrupted, your subscription will automatically renew and Nextiva will charge the then-current renewal fees to the credit card associated with your Account, unless you cancel your subscription. Your subscription will automatically terminate or expire, and your Account will be disabled, upon the earliest of (1) non-renewal, cancellation or expiration of a subscription or failure to pay subscription fees when due, if applicable, (2) Nextiva's discontinuation of the Services, or (3) failure to comply with these Terms. You acknowl- edge and agree that after non-renewal, cancellation or expiration of your subscription, Nextiva's policy is to automatically delete all User Data protected by your Account that is stored on Nextiva servers or on Nextiva’s third-party cloud storage providers.
Nextiva grants you a limited, non-exclusive, non-transferable and revocable license to access the Site and use the Services and Software. You acknowledge that Nextiva or third parties own all right, title and interest in and to the Products, including any systems or processes used exclusively by Nextiva to provide you the Services, all copies thereof and all proprietary rights therein, including copyrights, patents, trademarks, logos, domain names or other brand features of Nextiva. Except for the license granted in these Terms, Nextiva and its licensers retain all rights in the Products, and no implied licenses are granted to you.
You speciﬁcally agree that you will not, nor will you permit another person to (1) sublicense, lease, rent, loan, transfer, or distribute any portion of the Products; (2) modify, adapt, translate, or create derivative works from the Products; (3) decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from the Products; or (4) remove, obscure, or alter any trademark, copyright, or other proprietary rights notices displayed in the Software or on the Site. Any Software you have installed may periodically check with Nextiva for updates, and you agree that Nextiva may automatically download and install such updates on your devices.
You are solely responsible for ensuring that as a subscriber of the Services, you are in compliance with all applica- ble federal, state and local laws, foreign laws, rules and regulations. You shall be solely responsible for your User Data. Nextiva assumes no responsibility whatsoever in connection with or arising from User Data or for actively monitoring User Data for inappropriate or illegal content. You speciﬁcally agree that you will not use the Prod- ucts to (1) violate any laws or regulations; (2) infringe the intellectual property or other rights of third parties; (3) transmit any material that is obscene or objectionable or that contains viruses or other harmful computer code or ﬁles such as Trojan horses, worms or time bombs. In addition, the Services may use data received or obtained from your device to determine your location ("Location Data"). By subscribing to the Services, you hereby consent and permit Nextiva to use Location Data in order to provide the Services to you. Nextiva does not make any representation, warranty or guarantee of accuracy, completeness or timeliness with respect to any Location Data.
When you use the Service, you may not upload, store, share, display, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. If you commit violations, Nextiva may terminate your accounts.
Nextiva may discontinue, suspend or modify the Services, any feature included in the Services, or the availability of the Services on any particular device at any time and without notice to you. If any third-party makes an intellectual property infringement claim relating to the Services, Nextiva reserves the right to immediately terminate your subscription. Nextiva reserves the right to modify these Terms at any time, and each such modiﬁ- cation will be effective upon posting on the Site. All material modiﬁcations will apply prospectively only. Your continued use of any Products following any such modiﬁcation constitutes your agreement to be bound by the modiﬁed Terms. To stay informed of any changes, please review the most current version of these Terms posted on the Site. If you do not agree to be bound by these Terms, you must stop using the Products immediately.
These Terms, and any posted revisions, remain in effect as long as you continue to maintain an Account or use the Services. Nextiva may, immediately and without notice to you, terminate your Account and cease providing the Services to you if you (1) harm, disrupt or otherwise engage in activity that weakens Nextiva's brand, Services, computer system or network, (2) misrepresent your identity, impersonate any person or attempt to gain access to or illegally track any Account, computers or networks related to the Services, without authorization, (3) manipu- late a Service in any manner not speciﬁed by Nextiva, (4) interfere with Nextiva's policy with respect to excessive bandwidth usage, as determined by Nextiva, (5) store, backup or distribute any illegal or unauthorized ﬁles or data, or material protected by intellectual property rights of a third-party unless you own or have appropriate rights to such material, (6) store, backup or distribute material that contains viruses, Trojan horses, worms, corrupted ﬁles or any other similar material that may damage the operation of the Services or another person's device, data or property, (7) directly or indirectly reverse engineer, decompile, disassemble, modify, reproduce or create derivative works of the Services, (8) assign, rent, loan or otherwise transfer the Services, or (9) remove or alter any proprietary notices (e.g., copyright, trademark notices, legends, etc.) received in the provision of the Services.
NEXTIVA MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING THE SERVICE AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICU- LAR PURPOSE AND/OR NON-INFRINGEMENT. NEXTIVA DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, OR LOSS OF CONTENT, DATA OR INFOR- MATION. NEXTIVA DOES NOT AUTHORIZE ANYONE, INCLUDING BUT NOT LIMITED TO ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. CUSTOMER AGREES THAT IT ACCEPTS THE SERVICE"AS IS" AND THAT CUSTOMER IS NOT ENTITLED TO A REFUND IN THE EVENT OF ANY DEFECT. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST NEXTIVA TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE PRODUCTS ARE NOT INTENDED OR SUITABLE FOR USE IN APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
UNLESS OTHERWISE AGREED IN WRITING BY NEXTIVA OR AN AUTHORIZED RESELLER, NEXTIVA DOES NOT INTEND THAT YOUR USE OF THE SERVICES WILL CREATE ANY OBLIGATIONS TO COMPLY WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 AND ANY RELATED REGULA- TIONS ("HIPAA"), AND NEXTIVA MAKES NO REPRESENTATIONS THAT THE SERVICES SATISFY HIPAA REQUIREMENTS. IF YOU ARE A "COVERED ENTITY" OR "BUSINESS ASSOCIATE," YOU AGREE NOT TO USE THE SERVICES IN CONNECTION WITH ANY "PROTECTED HEALTH INFORMATION" (AS THOSE TERMS ARE DEFINED IN HIPAA) UNLESS AGREED IN WRITING BY NEXTIVA OR AN AUTHORIZED RESELLER.
YOUR SUBSCRIPTION TO THE SERVICES IS AT YOUR SOLE DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ANY DEVICE, OR THE LOSS OF YOUR USER DATA. IN NO EVENT SHALL NEXTIVA BE LIABLE TO YOU, YOUR REPRESENTATIVES OR AUTHORIZED ASSIGNS OR ANYONE ELSE FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF REVENUE OR PROFITS, RELATING TO OR ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, THE ABSENCE, DELAY, FAILURE OR OUTAGE OF THE SERVICE, AND/OR THIS AGREEMENT. NOR SHALL NEXTIVA BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICE, AT ANY TIME OR FROM TIME TO TIME, OR FOR ANY INTERRUPTION OR DEGRADATION OF SERVICEQUALITY CAUSED BY ANY REASON INCLUDING BUT NOT LIMITED TO THE FOLLOWING: AN ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR THIRD PARTY, EQUIPMENT, NETWORK OR FACILITY FAILURE, NETWORK OR FACILITY UPGRADE, SERVICE, MAINTENANCE, MODIFICATION, SHORTAGE, OR RELOCATION, FORCE MAJEURE EVENTS SUCH AS BUT NOT LIMITED TO ACTS OF GOD, ADVERSE WEATHER, STRIKES, FIRE, WAR, RIOT, GOVERNMENT ACTIONS OR TERRORISM, SERVICE, DEVICE, EQUIPMENT, NETWORK OR FACILITY FAIL- URE CAUSED BY THE LOSS OF POWER OR INTERNET SERVICE TO NEXTIVA OR CUSTOMER, AND ANY CAUSE THAT IS BEYOND NEXTIVA’S CONTROL.
THE SERVICES MAY ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT NEXTIVA DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (1) VIRUSES, WORMS, TROJAN HORSES AND OTHER UNDESIRABLE DATA OR COMPONENTS, OR (2) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR USER DATA, WEB- SITES, DEVICES AND NETWORKS. NEXTIVA IS NOT RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR ACCOUNT AND YOUR USER DATA. NEXTIVA SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO NEXTIVA’S OR CUSTOMER’S TRANSMISSION FACILITIES OR PREMISES, EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF NEXTIVA’S NEGLIGENCE OR OTHER ACTS OR OMISSIONS. NEXTIVA’S LIABILITY FOR ANY ACT OR OMISSION SHALL IN NO EVENT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD. THE LIMITATIONS SET FORTH HEREIN APPLY TO ALL CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT, AND ANY AND ALL OTHER THEORIES OF LIABILITY, AND APPLY WHETHER OR NOT NEXTIVA WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGE. FURTHER, YOU AGREE TO REIMBURSE NEXTIVA FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS’ FEES AND LITIGATION COSTS. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST NEXTIVA TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW.
YOU ARE LIABLE FOR ANY AND ALL USE OF THE SERVICE BY YOURSELF AND BY ANY PERSON MAKING USE OF THE SERVICE, AND YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS NEXTIVA AGAINST ANY AND ALL LIABILITY FOR ANY SUCH USE THAT FAILS TO COMPLY WITH THIS AGREEMENT. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS NEXTIVA FROM ANY AND ALL CLAIMS AND/OR LIABILITY FOR DAMAGES, PERSONAL INJURY, DEATH, FINES, PENALTIES, COSTS, EXPENSES, LOSSES, LOST PROFIT, LOST REVENUE, PROPERTY DAMAGE, ATTORNEYS’ FEES, AND ANY AND ALL OTHER DAMAGES OF WHATEVER KIND AND NATURE RELATING TO OR ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, THE ABSENCE, FAILURE OR OUTAGE OF THE SERVICE, AND/OR THIS AGREEMENT UNLESS THE CLAIMS OR CAUSES OF ACTION ARISE FROM OUR GROSS NEGLI- GENCE, RECKLESSNESS, OR WILLFUL MISCONDUCT. THIS SECTION SHALL SURVIVE THE AGREEMENT.
You are liable for all liability that may arise from the content you transmit to any person, whether or not you authorize it, using the Service. you promise that you and anyone who uses the Service and all your and their content comply at all times with all laws, regulations, and written and electronic instructions for using the Service.
You acknowledge that use of the Products may be subject to the export and import laws of the United States and other countries. You agree to comply with all export and import laws and regulations. In particular, you acknowl- edge that the Products may not be exported or re-exported to any U.S. embargoed countries or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Products, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Products for any purposes prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
This Agreement and the relationship between you and Nextiva shall be governed by the laws of Arizona without regard to its conﬂict of law provisions. Any claim brought pursuant to this Agreement shall be brought in a court of competent jurisdiction within the State of Arizona and venue for any such claim shall be proper in the appropri- ate state or federal court located in Maricopa County, Arizona.
Nextiva and you agree to arbitrate any and all disputes and claims between you and Nextiva except with respect to claims for amounts owed for services rendered. Arbitration means that all disputes and claims will be resolved by a neutral arbitrator instead of by a judge or jury in a court. This agreement to arbitrate is intended to be given the broadest possible meaning under the law. It includes, but is not limited to: disputes and claims arising out of or relating to any aspect of the relationship between you and Nextiva, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; disputes and claims that arose before this or any prior agree- ment (including, but not limited to, claims relating to advertising); disputes and claims that may arise after the termination of this agreement; disputes and claims that are currently the subject of individual litigation; disputes and claims that are currently the subject of purported class action litigation in which you are not a member of a certiﬁed class; and disputes and claims concerning the scope of this arbitration provision. References to "Nexti- va," "us" and "you" include our respective subsidiaries, afﬁliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneﬁciaries of the Service under this agreement or any prior agreements between you and Nextiva.
Nextiva shall be excused from any delay or failure in performance hereunder caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, ﬁre, ﬂooding, riots, war, government intervention, embargoes, strikes, labor difﬁculties, equipment failure, late delivery by suppliers or other difﬁculties as may occur in spite of Nextiva’s best efforts.
Our failure to exercise or enforce any right or provision of this agreement will not constitute a waiver of the right or provision. Nextiva reserves all of its rights at law and equity to proceed against anyone who uses the Services illegally or improperly. All determinations by Nextiva under this Agreement and exercise of its rights are made and done in our sole and absolute discretion.
If you are not a party to this Agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This Agreement does not create any other third party beneﬁciary rights.
This Agreement, the Terms, the applicable service description, or any reference herein to the content of Nextiva’s websites constitute the entire agreement between you and Nextiva and govern your use of the Service, super- seding any prior agreements between you and Nextiva and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No changes to this Agreement shall be binding upon either you or Nextiva unless they are assigned by the parties.
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. This invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this agreement.
The name Nextiva and our logo’s (“Trademarks”) are important intellectual property assets of the company. These guidelines have been created to ensure a uniform and proper use of our Trademarks by all of our licensees, partners, and other authorized users.
These guidelines provide an overall guide to permissible use of our Trademarks. The purpose is to assist you with referring to our Trademarks, and make certain of the correct use of our logos in different situations.
You must observe these guidelines and maintain a clear distinction between your products and services and Nextiva, Inc.’s (“Nextiva”) products and services, as well as between your trademarks and our Trademarks. Please do not display these graphics in a way that implies a relationship, affiliation, or endorsement by Nextiva of your products, services, or business. Also, please do not alter, distort, or modify these graphics, images, or video content in any way, or combine them with any other graphics, without prior written consent from Nextiva.
Nextiva is the sole and exclusive owner of our Trademarks, and we reserve all rights, titles and interest not expressly granted in these guidelines. Nextiva reserves the right to revoke or limit your usage of any Nextiva Trademark at any time and for any reason.
These guidelines are subject to revision at any time by Nextiva.
Simplifying Business Communication™
Our list of Trademarks is continuously changing as we add new products and services to our offerings. Please check back for updates.
Use our Trademarks with permission. You may not use our Trademarks unless you have an agreement with Nextiva, Inc. or you otherwise receive our permission to use the Trademarks. Upon receiving our permission, your use must be limited to these Guidelines, and the limited permission you have received to use specific Trademarks. If you have any questions about these Guidelines or our Trademarks, please contact us at email@example.com.
Do not combine our name with yours. Do not combine our name or Trademarks with your name, marks, or names of products and services.
No confusingly similar uses. You must not attempt to obtain ownership rights in our Trademarks, or any confusingly similar approximations, whether by trademark registration, domain name registration (including second-level domain names), or otherwise.
Display our trademark symbol. Please display our Trademarks and logos with the appropriate ™ or ® symbol.
Do not copy the look and feel of Nextiva, Inc.’s Trademarks or Website. Do not use our Trademarks, logos, trade dress, or other elements of our product packaging and website in any of your advertising, product packaging, promotional and other materials, or merchandise.
Do not alter our Trademarks. You may not change, alter or modify the appearance of our Trademarks by abbreviating them, incorporating them into acronyms, changing their spelling, using them in parts, changing their looks, or using improper capitalization.
REQUESTING EMERGENCY SERVICES. NEXTIVA TERMS OF SERVICE
Welcome to NEXTIVA Broadband Phone Service.
THESE TERMS AND CONDITIONS STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF NEXTIVA BROADBAND PHONE SERVICE. YOU SHOULD READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFO REGARDING YOUR RIGHTS AND OURS. PLEASE NOTE: NEXTIVA DOES NOT PROVIDE TRADITIONAL 911 SERVICES. YOU MUST MAINTAIN AN ALTERNATE MEANS OF REQUESTING EMERGENCY SERVICES
911 BACKGROUND: IN THE UNITED STATES, EMERGENCY SERVICE IS PROVIDED BY DIALING THE DIGITS “911.” WITH BASIC 911 SERVICE, WHEN YOU DIAL 911, LOCAL EMERGENCY OPERATORS ANSWERING THE CALL WILL NOT HAVE YOUR CALL BACK NUMBER OR YOUR EXACT LOCATION, SO YOU MUST BE PREPARED TO GIVE THEM THIS INFORMATION. UNTIL YOU GIVE THE OPERATOR YOUR PHONE NUMBER, HE/SHE MAY NOT BE ABLE TO CALL YOU BACK OR DISPATCH HELP IF THE CALL IS NOT COMPLETED OR IS NOT FORWARDED, IS DROPPED OR DISCONNECTED, OR IF YOU ARE UNABLE TO SPEAK. WITH ENHANCED 911 (E911) SERVICE, WHEN YOU DIAL 911, YOUR TELEPHONE NUMBER AND REGISTERED ADDRESS IS SIMULTANEOUSLY SENT TO THE LOCAL EMERGENCY CENTER ASSIGNED TO YOUR LOCATION, AND EMERGENCY OPERATORS HAVE ACCESS TO THE INFORMATION THEY NEED TO SEND HELP AND CALL YOU BACK IF NECESSARY. CERTAIN CUSTOMERS DO NOT HAVE ACCESS TO EITHER BASIC 911 OR E911 BECAUSE THERE ARE NO LOCAL EMERGENCY CENTERS IN THEIR AREA OR THEY DID NOT REGISTER FOR AN E911 SERVICE ADDRESS. IF YOU DO NOT HAVE ACCESS TO BASIC 911 OR E911, YOUR 911 CALL WILL BE SENT TO THE NATIONAL EMERGENCY CALL CENTER. A TRAINED AGENT AT THE EMERGENCY CALL CENTER WILL ASK FOR THE NAME, TELEPHONE NUMBER AND LOCATION OF THE CUSTOMER CALLING 911, AND THEN CONTACT THE LOCAL EMERGENCY CENTER FOR SUCH CUSTOMER IN ORDER TO SEND HELP.
EXAMPLES OF SITUATIONS WHERE 911 CALLS WILL BE SENT TO THE NATIONAL EMERGENCY CALL CENTER INCLUDE WHEN THERE IS A PROBLEM VALIDATING A CUSTOMER'S ADDRESS DURING 911 ADDRESS REGISTRATION, OR THE CUSTOMER IS LOCATED IN AN AREA THAT IS NOT COVERED BY THE LANDLINE 911 NETWORK.
EMERGENCY PERSONNEL DO NOT RECEIVE YOUR PHONE NUMBER OR PHYSICAL LOCATION WHEN YOUR 911 CALL IS ROUTED TO A NATIONAL EMERGENCY CALL CENTER. THEREFORE, YOU MUST BE PREPARED TO GIVE THE OPERATOR YOUR PHONE NUMBER AND LOCATION AND ANY OTHER INFORMATION THAT THE OPERATOR MIGHT REQUEST. BY SIGNING UP FOR NEXTIVA’S VOIP SERVICE YOU AUTHORIZE THE NATIONAL EMERGENCY CALL CENTER TO DISCLOSE YOUR NAME AND ADDRESS TO THE THIRD PARTY OR PARTIES INVOLVED WITH PROVIDING EMERGENCY SERVICES TO YOU, INCLUDING, WITHOUT LIMITATION, CALL ROUTERS, CALL CENTERS AND LOCAL EMERGENCY CENTERS.
NEXTIVA’S BASIC 911 OR E911 SERVICE IS DIFFERENT THAN TRADITIONAL 911 LAND LINE SERVICE. CONSEQUENTLY, YOU MUST BE AWARE OF THE FOLLOWING:
YOU MUST REGISTER YOUR LOCATION: FOR EACH PHONE LINE THAT YOU UTILIZE WITH NEXTIVA’S VOIP SERVICE, YOU WILL BE REQUIRED TO REGISTER THE PHYSICAL LOCATION (“REGISTERED LOCATION”) OF YOUR EQUIPMENT (E.G., SIP PHONE, PHONE ADAPTER, ETC.) WITH NEXTIVA, EITHER ON NEXTIVA’S WEBSITE OR BY CALLING CUSTOMER SERVICE. YOU MUST REMEMBER TO UPDATE THE REGISTERED LOCATION WHENEVER THE PHYSICAL LOCATION CHANGES. NEXTIVA’S ONLY MECHANISM FOR ROUTING 911 CALLS TO THE CORRECT EMERGENCY CALL TAKER IS THE REGISTERED LOCATION FOR THE ACCOUNT. ANY ENHANCED LOCATION INFORMATION PASSED TO AN EMERGENCY OPERATOR BY NEXTIVA WILL BE BASED UPON THE REGISTERED LOCATION PROVIDED TO NEXTIVA BY YOU. FOR PURPOSES OF 911 DIALING, YOU MAY ONLY REGISTER ONE REGISTERED LOCATION AT A TIME FOR EACH PHONE LINE.
You acknowledge and understand that your failure to provide the current and correct physical address and location of your Equipment as the Service Address will result in any emergency calls you make being routed to the incorrect local emergency service provider. During the ordering process, you will provide NEXTIVA the physical address where you will use your Service. When you dial 911 with NEXTIVA, your call will be routed to the general telephone number for the Public Safety Answering Point (PSAP) or local emergency service personnel designated for the Service Address you have registered with NEXTIVA. You acknowledge and understand that you may not be routed to a dispatcher who is specifically trained and designated to receive incoming emergency response calls, and it is possible that the lines at the PSAP will be occupied and that you will get a busy signal.
(1) RELOCATION OF YOUR VOIP EQUIPMENT: IF YOU RELOCATE THE EQUIPMENT THAT YOU USE TO ACCESS NEXTIVA’S VOIP SERVICE, YOU MUST UPDATE YOUR REGISTERED LOCATION. IF YOU DO NOT UPDATE YOUR REGISTERED LOCATION, ANY 911 CALL YOU MAKE USING NEXTIVA’S VOIP SERVICE WILL BE ROUTED BASED ON YOUR PREVIOUSLY PROVIDED REGISTERED LOCATION AND THEREFORE MAY NOT BE ROUTED TO THE APPROPRIATE PUBLIC SAFETY ANSWERING POINT FOR YOUR CURRENT LOCATION. ONCE YOU NOTIFY NEXTIVA OF A CHANGE IN YOUR REGISTERED LOCATION, THERE MAY BE A DELAY IN MAKING THE NEW REGISTERED LOCATION AVAILABLE TO PROPERLY ROUTE 911 CALLS AND TO ADVISE EMERGNCY PERSONNEL OF YOUR REGISTERED LOCATION.
(2) RE-REGISTRATION REQUIRED IF YOU CHANGE YOUR NUMBER OR ADD OR PORT NEW NUMBERS: YOUR NEXTIVA VOIP 911 SERVICE WILL NOT FUNCTION IF YOU CHANGE YOUR PHONE NUMBER OR IF YOU ADD OR PORT NEW PHONE NUMBERS TO YOUR ACCOUNT, UNLESS AND UNTIL YOU SUCCESSFULLY REGISTER YOUR LOCATION OF USE FOR EACH CHANGED, NEWLY ADDED OR NEWLY PORTED PHONE NUMBER AND RECEIVE CONFIRMATION FROM NEXTIVA.
(3) INTERNET CONNECTION FAILURE: IF THERE IS AN INTERRUPTION OF YOUR BROADBAND OR HIGH-SPEED INTERNET ACCESS SERVICE, YOU WILL NOT HAVE ACCESS TO NEXTIVA’S VOIP SERVICE DURING THAT INTERRUPTION AND THEREFORE WILL NOT HAVE ACCESS TO 911 SERVICE DURING THAT INTERRUPTION. IN ADDITION, SINCE THE SERVICE IS DEPENDENT ON THE BROADBAND CONNECTION, THE AVAILABILITY OF AN ADEQUATE POWER SUPPLY AND CORRECT EQUIPTMENT CONFIGURATION, NEXTIVA DOES NOT GUARANTEE THAT THE SERVICE WILL BE CONTINUOUS OR ERROR-FREE. NEXTIVA WILL NOT OFFER CREDITS FOR SERVICE FAILURES DUE TO POWER OUTAGES OR DISRUPTIONS IN YOUR BROADBAND CONNECTION.
(4) EQUIPMENT FAILURE AND MISCONFIGURATION
NEXTIVA’S VOIP SERVICE WILL NOT FUNCTION IF THE EQUIPMENT ON YOUR PREMISES OR ANY EQUIPMENT INCLUDING SOFTWARE, NETWORK ETC. IN OUR LOCATIONS (OFFICES, DATA CENTERS) FAILS FOR ANY REASON INCLUDING BUT NOT LIMITED TO HARDWARE OR SOFTWARE FAILURES OR MISCONFIGURATION EITHER BY NEXTIVA, THE CUSTOMER AND/OR ANY OF OUR VENDORS.
NEXTIVA DOES NOT AND CANNOT GUARANTEE THAT THE SERVICE WILL BE CONTINUOUS OR ERROR-FREE. YOU ACKNOWLEDGE AND UNDERSTAND THAT A FAILURE OF EQUIPMENT CAN OCCUR AND IT IS YOUR SOLE RESPONSIBILITY TO RETAIN ALTERNATIVE MEANS OF COMMUNICATION.
(5) LOSS OF ELECTRICAL POWER: NEXTIVA’S VOIP SERVICE WILL NOT FUNCTION IN THE ABSENCE OF ELECTRICAL POWER AND YOU WILL NOT HAVE PHONE SERVICE OR 911 SERVICE DURING ANY POWER OUTAGE.
(6) NON-VOICE SYSTEMS: NEXTIVA’S VOIP SERVICES ARE NOT SET UP TO FUNCTION WITH OUTDIALING SYSTEMS INCLUDING HOME SECURITY SYSTEMS AND MEDICAL MONITORING EQUIPMENT. BY SIGNING UP FOR NEXTIVA’S VOIP SERVICE YOU WAIVE ALL CLAIMS AGAINST NEXTIVA FOR INTERRUPTION OR DISRUPTION OF SUCH SYSTEMS BY NEXTIVA’S VOIP SERVICE.
(7) CALLS OUTSIDE THE U.S.: IF YOU MOVE YOUR NEXTIVA VOIP SERVICE EQUIPMENT OUTSIDE OF THE UNITED STATES, YOUR 911 SERVICE WILL NOT WORK. CHECK THE EMERGENCY CALLING PROCEDURES FOR THE COUNTRY WHERE YOU ARE LOCATED TO DETERMINE THE CORRECT EMERGENCY CALLING PROCEDURES.
(8) TERMINATION OF SERVICE: 911 SERVICE WILL NOT BE AVAILABLE IF YOUR SERVICE HAS BEEN CANCELLED OR TERMINATED BY YOU OR BY NEXTIVA. You acknowledge and understand that a service outage due to suspension of your account as a result of billing issues or any other reason, including, but not limited to those reasons described elsewhere in this Agreement, will prevent ALL Service, including the limited emergency response service.
(9) NETWORK CONGESTION AND/OR REDUCED SPEED FOR ROUTING EMERGENCY CALLS: You acknowledge and understand that calls made using the limited emergency response service of NEXTIVA may be subject to network congestion and/or reduced routing speed and the call may fail.
(10) OTHER LIMITATIONS: THE LOCAL EMERGENCY SERVICE OPERATOR RECEIVING NEXTIVA VOIP SERVICE’S E911 EMERGENCY SERVICE CALLS MAY NOT HAVE A SYSTEM CONFIGURED FOR E911 SERVICES OR BE ABLE TO CAPTURE AND/OR RETAIN AUTOMATIC NUMBER OR LOCATION INFORMATION. THIS MEANS THAT THE OPERATOR MAY NOT KNOW THE PHONE NUMBER OR PHYSICAL LOCATION OF THE PERSON WHO IS MAKING THE NEXTIVA VOIP SERVICE E911 CALL. DUE TO TECHNICAL FACTORS IN NETWORK DESIGN, AND IN THE EVENT OF NETWORK CONGESTION ON THE NEXTIVA NETWORK, THERE IS A POSSIBILITY THAT A NEXTIVA 911 CALL WILL PRODUCE A BUSY SIGNAL OR WILL EXPERIENCE UNEXPECTED ANSWERING WAIT TIMES AND/OR TAKE LONGER TO ANSWER THAN 911 CALLS PLACED VIA TRADITIONAL TELEPHONE NETWORKS. IN ADDITION, A LOCAL OR NATIONAL DISASTER AND SUBSEQUENT SPIKE IN THE NUMBER OF CALLS MAY RESULT IN LONG CONNECTION TIMES, BUSY SIGNALS OR FAILURES TO CONNECT.
YOU HEREBY ACKNOWLEDGE:
(1) NEXTIVA DOES NOT SUPPORT TRADITIONAL 911 AND E911 ACCESS TO EMERGENCY SERVICES. The limited emergency response service accessible by NEXTIVA differs in a number of important ways from traditional emergency response services as further explained below. You agree to inform any potential users and other third persons who may be present at the physical location where the Service is utilized (whether home or office) as to the important limitations on emergency response service.
(2) THE EMERGENCY RESPONSE SERVICE WILL NOT RECEIVE AUTOMATED NUMBER AND LOCATION IDENTIFICATION. You acknowledge and understand that when you call 911 using the Service, the local emergency personnel receiving your call will not be able to identify your phone number or the physical address from which you are calling. You will need to state the nature of your emergency promptly and clearly, including your telephone number and location. You acknowledge and understand that the individual answering the call may not be able to call you back or find your location if the call is unable to be completed, is dropped or disconnected, or if you are unable to tell them your phone number and physical location and/or if the Service is not operational for any reason, including without limitation those reasons listed elsewhere in this Agreement.
(3) EMERGENCY CALLS FROM A LOCATION OTHER THAN YOUR SERVICE ADDRESS MAY NOT BE DIRECTED CORRECTLY TO A LOCAL EMERGENCY SERVICE PROVIDER. You acknowledge and understand that if you use your Equipment and the Service to call 911 from a location other than the Service Address that you have registered with NEXTIVA (e.g., if you move or use the Service while you are traveling), unless you have completed registration of such location as described in Section 6.e below, your call will not be routed to the correct local emergency service provider. The provider to whom any such 911 calls are routed will be unable to transfer the call to a local emergency service provider in the area from which you are calling.
You may cancel your NEXTIVA Service at any time by providing NEXTIVA with a notice of your intent to cancel by sending an email to service@NEXTIVA.com or calling our Customer Care Department at 1-800-983-4289.
Our money back guarantee does not apply to customers who received a free device, minimum commitment contracts, any charges for international usage, payphone calls to NEXTIVA toll free numbers, and directory assistance. Our money back guarantee also does not apply to any renewals or add-on lines or services added after your initial order. In addition, we may not be able to refund all of the taxes that you paid. NEXTIVA will use commercially reasonable efforts to refund promptly any charges (less any amounts that you owe to us) to your account following the return of your device. If your device is not returned within 14 days from the RMA date, NEXTIVA will refund for all eligible charges except for the device charges. Once the device is returned, the device charges will be refunded less any applicable restock fee.
A charge for the retail price of any device will be made to the customer's account if the device is not returned within 14 days of the RMA date.
WE HAVE THE RIGHT TO REVOKE THE MONEY BACK GUARANTEE FOR ALL CUSTOMERS AT ANY TIME WITHOUT PRIOR NOTICE. The 30-Day Money Back Guarantee does not apply if you are found to be in violation of our terms of service or if you have taken advantage of the guarantee in the past.
Updated: June 22, 2017
Cancellation Policy for NEXTIVA Fax Service You may cancel your NEXTIVA Fax Service at any time by providing NEXTIVA with a notice of your intent to cancel by sending an email to service@NEXTIVA.com or calling our Customer Care Department at 1-800-983-4289.
1.1 Money Back Guarantee. If you are unsatisfied with your NEXTIVA Fax Service for any reason in the first 30 days after your initial sign up, under the condition that you have not used over 50% of the allowed pages in your metered subscription plan or 500 pages in an unlimited plan, you did not receive a free device, and you are not subject to a minimum commitment contract, you may cancel and be eligible for a refund of equipment, activation and subscription fees. Shipping and handling charges are not refundable. Refunds for devices where an RMA was requested within the 30 day period will be made in full if the devices are in “returnable” condition and the device is returned within 7 days of the RMA date. Returnable condition requires the item to be in new condition, in the original packaging and all parts and documentation received. Return shipping is the customer responsibility.
Our money back guarantee does not apply to customers who received a free device, minimum commitment contracts, and any charges for page usage. In addition, we may not be able to refund all of the taxes that you paid. NEXTIVA will use commercially reasonable efforts to refund promptly any charges (less any amounts that you owe to us) to your account following the return of your device. If your device is not returned within 14 days from the RMA date, NEXTIVA will refund for all eligible charges except for the device charges. Once the device is returned, the device charges will be refunded less any applicable restock fee.
A charge for the retail price of any device will be made to the customer’s account if the device is not returned within 14 days of the RMA date.
WE HAVE THE RIGHT TO REVOKE THE MONEY BACK GUARANTEE FOR ALL CUSTOMERS AT ANY TIME WITHOUT PRIOR NOTICE.
The 30 Day Money Back Guarantee does not apply if you are found to be in violation of our terms of service or if you have taken advantage of the guarantee in the past.
1.2 After 30 Days. Following the first 30 days after initial sign up, you will not receive any refund or partial refund or any credits for charges already billed to your account in the month of cancellation, or any prepaid amounts paid under an annual plan. Activation fees, shipping fees and one-time fees are not eligible for any type of refund; only service fees are refundable as outlined in this agreement. Equipment is not returnable or refundable after the 30-Day Money Back period. Non-usage of service does not constitute cancellation of service nor does it extend the 30-Day Money Back Guarantee period.
1.3 Minimum Commitments Contracts. The 30-Day Money Back Guarantee does not apply to any executed minimum commitment contract. In the event you signed up for a minimum commitment contract, in addition to any disconnect fee, you will be responsible for all charges for the entire minimum commitment period and authorize NEXTIVA to bill these fees to your payment method (credit card).
1.3 Porting. You may be able to take, or "port," your current number to another service provider. Once your port is completed through your new service provider, you must email service@NEXTIVA.com to cancel your NEXTIVA Fax Service. Until you cancel service with NEXTIVA, you will remain a NEXTIVA customer, and you will continue to be responsible for all charges and fees associated with your NEXTIVA Fax Service. If you cancel your Service prior to completion of the port, your Service will not work and your number may not be available for porting. Your account must be active and in good standing in order to port out your number.
SIGNING UP FOR NEXTIVA’S SAAS SERVICE AND/OR NEXTIVA’S SAAS CONSULTING SERVICES CREATES A CONTRACT BETWEEN YOU AND US, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION, ANY APPLICABLE STATEMENT OF WORK AND THIS AGREEMENT. ANY ONE OF THE FOLLOWING ACTIONS CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS: (1) ACCEPTING THE TERMS AND CONDITIONS ELECTRONICALLY DURING THE ORDERING PROCESS AND/OR UPON LOGGING ON TO USE YOUR SERVICE, (2) YOUR SUBMISSION OF AN ORDER, (3) YOUR EXECUTION OF A NEXTIVA SERVICE AGREEMENT OR ANY OTHER AGREEMENT INCORPORATING THESE TERMS AND CONDITIONS, (4) YOUR USE OF THE SERVICE DESCRIBED HEREIN, (5) YOUR REQUEST FOR OR RECEIPT OF CONSULTING SERVICES. THROUGH THESE ACTIONS YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT.
All charges owed at the time of disconnection will be immediately payable. We will pursue collection for unpaid amounts on disconnected accounts and may report these unpaid charges to credit bureaus.
If you purchase Professional Services, Nextiva agrees to deliver to you the services described in the Service Description, subject to your payment of all applicable fees. Nextiva reserves the right to change or modify the Service Description, including its pricing at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers.
If you purchase Custom Services, Nextiva agrees to deliver to you the services described in the separate Statement of Work between you and Nextiva, subject to your payment of all applicable fees.
Fees for these Purchased Consulting Services are in addition to any fee charged for the Service. If your Purchased Consulting Services are recurring, they will be considered part of your subscription and will renew with your Service, as set forth in Section 6.2 of this Agreement.
If there are a specific number of hours included with the Purchased Consulting Services, those hours will expire as indicated in the applicable Service Description or Statement of Work, which expiration period will commence upon purchase (the “Expiration Period”). You agree that, if additional service hours above and beyond the hours included with the Purchased Consulting Services are performed, you will pay to Nextiva, immediately upon invoice, the prevailing hourly overage rate (as set forth in the applicable Service Description or Statement of Work), for each hour, or fraction of an hour, of service provided to you by Nextiva in excess of the included, unexpired hours. You agree that Nextiva may charge your payment method for any excess hours.
If there are deliverables that Nextiva agrees to perform for a fixed fee included in the Purchased Consulting Services, it is estimated that those deliverables will be completed within the time period indicated as the delivery period in the applicable description, which delivery period will commence upon purchase (the “Delivery Period”). If the Purchased Consulting Services provided are not complete at the end of the Delivery Period due to your failure to make the necessary resources available to us or to perform your obligations, such Purchased Consulting Services will be deemed to be complete at the end of the Delivery Period, unless otherwise agreed in writing by Nextiva. If the Consulting Services provided are not complete at the end of the Delivery Period due to our failure to make the necessary resources available to you or to perform our obligations, the Delivery Period will be extended to allow us to complete such Purchased Consulting Services.
We might provide some or all elements of the Consulting Services through third-party service providers. Consulting Services are non-cancellable and all fees for Purchased Consulting Services are non-refundable.
Updated: February 28, 2020
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