CloudNumber Terms & Conditions
The Terms and Conditions described herein, hereafter “Terms and Conditions,” apply to both FreedomVoice virtual phone services (e.g. “CloudNumber”) and FreedomVoice call capture services (e.g. “AdTrakker”), including all optional features and related services, hereafter referred to as “the Service,” as provided to a customer of FreedomVoice, hereafter referred to as “the Customer.”
Section 1: Free Trial Period
If the Customer has elected to activate the Service as part of a free trial offer, any charges for the Service’s monthly system rental, any selected options, and any usage within the included minutes of the Customer's calling plan will not be billed for the duration of the free trial period. This free trial period begins the day the Service is activated and is subject to the duration offered.
On the day following the expiration of the free trial period, the Customer will be billed for monthly system rental, any optional features selected (including any one-time activation fees for vanity toll free numbers, 800 numbers, or transferred numbers), and minute charges for calls during the Customer's free trial in excess of included plan minutes or originating-from / forwarded-to locations outside of the Service’s domestic calling area.
Section 2: Ongoing Payments
On subsequent monthly intervals, the Customer will be charged for the Service’s ongoing monthly system rental, any optional features chosen that have recurring monthly fees, and for minute usage (billed in 6-second increments and inclusive of calls made through the FreedomVoice mobile application) of the Service that either:
- Exceeds the number of monthly minutes included with the Service, at a rate determined by the calling plan associated with the Service; or
- Is not included in the domestic calling area covered by the Service, at an international per-minute rate determined by FreedomVoice. The domestic calling area for all FreedomVoice Virtual Phone System and Call Capture Service calling plans is the Continental U.S., AK, HI, Canada and Puerto Rico, with the exception that calls originating from or forwarded to Canada each carry a one-minute minimum billing.
Section 3: Additional Charges; Price Changes
Calls from payphones are blocked by default from connecting to any toll free numbers provided by FreedomVoice as these calls carry a 54¢ per-call surcharge as mandated by the FCC. If enabled, these surcharges are passed on to the Customer at cost.
Some optional features, such as Call Record, require greater data storage. Storage for 2GB of audio and fax media, and bandwidth transfer of up to 20GB per month, is included with the Service. Excess storage and/or bandwidth usage will result in an additional charge of $9.95 per month for each additional 2GB / 20GB block used. Taxes, duties and similar charges for both phones and the Service will be added where applicable and are payable by the Customer
By default, monthly invoices are sent to the Customer via email. For an additional $2 per month, the Customer may request to also receive a printed copy of their invoice by standard mail.
All prices are subject to change based upon actual usage and profitability. Any price changes will be posted on “WebLink” or other web portal for using the Service, and the Customer’s continued use of the Service following notice of the price changes will constitute the Customer’s consent to such changes.
Section 4: Maintaining Account Balance
If the Customer is paying for the Service by credit card, all charges will be automatically deducted. Monthly rental/service fees are payable in advance of each month’s Service. Additional call charges and any other applicable charges are billed subsequent to the end of each month’s Service, except in the case that outstanding additional call charges exceed $18.75 within a given month, whereupon these call charges will be invoiced on the next Friday. It is the Customer’s responsibility to maintain sufficient balance on the provided credit card account to allow for settlement of charges.
If the Customer is paying for the Service by check, the Customer is responsible for immediate payment of invoices. Returned checks will result in a $25 fee applied to the Customer’s account balance.
Interruption of the Service may be experienced in the event that the account balance is not maintained in the manner described above. Invoices that are not paid within 30 days may have a late fee of 1.5% per month applied to the unpaid balance, as well as a processing fee of $10 per month. Any Customer disputes of the amounts invoiced or charged must be submitted in writing to FreedomVoice within ninety (90) days of the date of the applicable charges and, if not so disputed, the Customer waives any objection and further recourse with respect to such charges.
In the event that the Service is terminated, regardless of the reason for termination, the Customer agrees that any unpaid account balance is due immediately and must be paid in full as a condition for reinstatement of the Service. If the Customer establishes or has already established one or more accounts for FreedomVoice services that remain active, FreedomVoice reserves the right to transfer any unpaid balance from the Customer’s terminated account(s) to the Customer’s active FreedomVoice account(s).
Section 5: Number Portability
Any toll free phone number ported in by the Customer for use with the Service may incur a one-time activation charge of $30, though some or all of this charge may be waived at the sole discretion of FreedomVoice.
Toll free phone number(s) ported in by the Customer for use with the Service remain the property of the Customer and may be ported to another carrier of the Customer’s choosing as long as the Service remains active for the duration of the porting process. If the Customer cancels one or more ported-in toll free phone numbers from their Service or terminates the Service in whole prior to porting toll free phone numbers away, any canceled toll free phone numbers may not be available to port away as they may be released to the SMS/800 pool of spare toll free phone numbers or re-assigned to new FreedomVoice customers. It is the Customer’s responsibility to complete, prior to cancellation, the porting away of any ported-in toll free phone numbers the Customer wishes to retain as their property.
Toll free phone numbers provided by FreedomVoice for use with the Service, however, are included as an integral component of the Service as a bundled service that includes the toll free phone number(s), virtual automated attendant, Internet faxing capabilities, voicemail storage and access, call reports, and other related services. These toll free phone numbers are controlled by third-party toll free Responsible Organizations (“Resp Orgs”) and FreedomVoice remains both the end-user customer of said Resp Orgs and the “Toll Free Subscriber” with respect to these toll free phone numbers. As such, toll free phone numbers provided by FreedomVoice for use with the Service do not become the property of the Customer and their portability is not guaranteed.
Section 6: Local Area Telephone Numbers
If the Customer is a using local area telephone number(s) as part of the Service, this number will be assigned according to the proximity of the address the Customer provides to FreedomVoice. However, it is the Customer’s responsibility to confirm whether the number(s) are in the local calling area of the callers the Customer intends to reach with the Service (if desired). FreedomVoice does not assume responsibility for any of the Customer’s advertising cost losses due to a number not being within the local area of callers to the Service.
Section 7: Voicemail Transcription Fair Usage Policy
The Fair Usage Policy (“policy”) that follows is intended to protect the low rates for voicemail transcription enjoyed by FreedomVoice customers utilizing this service. To avoid additional costs and rate increases, it becomes necessary for FreedomVoice to actively prevent any fraudulent or otherwise abusive use of the voicemail transcription service by a very small subset of customers.
FreedomVoice reserves the following rights: to suspend or terminate, with or without notice, the voicemail transcription service or the customer’s service as a whole (if found to be willfully fraudulent or abusive) as a result of the customer violating this policy; to take any unlawful, prohibited, abnormal, or unusual activity into account in making its determination to suspend or terminate the feature or service; to add to, modify, or amend this policy at any time, for any reason, in its sole discretion.
There is no established limit to the quantity of voicemail messages that may be transcribed with FreedomVoice’s voicemail transcription service. However, the total duration of such voicemail messages transcribed is limited to normal business use, defined as sixty (60) minutes of transcribed messages per monthly billing cycle. Usage that exceeds this amount may be found to be in violation of this policy and subject to any or all of the following: additional reasonable usage charges of 25 cents per 30 second transcription block, at the sole discretion of FreedomVoice; suspension or termination of the feature; suspension or termination of FreedomVoice service.
Where possible, FreedomVoice will provide a notice of usage in violation of this policy before any suspension or termination, and, if appropriate, may offer an alternatively-priced option for continued use.
Additional prohibited uses of the voicemail transcription service include (but are not limited to):
- Shared Use. The voicemail transcription service is intended to be used solely by the subscribing FreedomVoice customer and not shared amongst multiple individuals or businesses without first receiving written permission from FreedomVoice.
- Bulk Call-In Lines. Voicemail transcription service is not designed to be used for bulk support or sales call centers, voting hotlines, 900 numbers, sports or gambling hotlines, or other bulk call-in scenario.
- Recorded Calls. FreedomVoice customers who subscribe to the Call Record feature may have recorded calls delivered and archived in a similar fashion as voicemail messages, however these recordings are not intended to be transcribed by the voicemail transcription service.
- Dictation. Voicemail transcription is not intended to be used as a dictation service.
Section 8: Unlimited Voicemail Box Fair Usage Policy
The Fair Usage Policy (“policy”) that follows is intended to protect the low rates for service enjoyed by FreedomVoice customers utilizing this service. To avoid additional costs and rate increases, it becomes necessary for FreedomVoice to actively prevent any fraudulent or otherwise abusive use of the unlimited voicemail box feature by a very small subset of customers.
FreedomVoice reserves the following rights: to suspend or terminate the Service, with or without notice (the latter if found to be willfully fraudulent or abusive) as a result of the customer violating this policy; to take any unlawful, prohibited, abnormal, or unusual activity into account in making its determination to suspend or terminate the Service; to add to, modify, or amend this policy at any time, for any reason, in its sole discretion.
Prohibited uses of the unlimited voicemail boxes feature include (but are not limited to):
- Shared Use. The Service is intended to be used solely by the subscribing FreedomVoice customer and not shared amongst multiple individuals or businesses without first receiving written permission from FreedomVoice.
The Customer is otherwise permitted to add via online interface or by request through contacting FreedomVoice, at no additional cost, additional voicemail boxes to the Service to a Fair Usage threshold of two thousand (2,000) such voicemail boxes per instance of the Service. Any attempt to exceed this Usage will be automatically declined by FreedomVoice, though a request for an exception to this threshold may be requested in writing. Any such request will be reviewed by FreedomVoice to determine whether the Customer’s usage pattern is fraudulent or abusive and it remains the sole discretion of FreedomVoice to permit or deny the addition of voicemail boxes above said Fair Usage threshold.
Section 9: Using Call Recording Features
The Customer hereby expressly represents and agrees that, as a material condition to the use of FreedomVoice services, three of the five following policies are actively in place to obtain prior employee consent to record telephone conversations using FreedomVoice services: (1) a written phone-monitoring policy is maintained which advises employees that their telephone conversations over business phones may be monitored or recorded as a part of normal business operations; (2) Customer has obtained and maintains signed statements from employees acknowledging that they have received and reviewed the phone-monitoring policy; (3) signs or stickers are attached to business phones advising employees that phone calls may be monitored and recorded; (4) Customer maintains a zero tolerance employee policy that business phones should not be used for personal calls, and that, personal calls may be inadvertently monitored or recorded; (5) Customer maintains separate business phones that can be used for an employee's personal calls during non-work times.
The Customer further expressly represents and agrees that, as a material condition to the use of FreedomVoice services, third-parties who may call or be called by Customer’s employees will be advised that conversations may be recorded by the following methods: (1) a verbal announcement at the beginning of incoming calls notifies all third parties of the monitoring and recording policy and of the purpose for the monitoring and recording such as for training purposes or quality assurance; (2) employees are required, trained and supervised to recite a similar announcement of the monitoring and recording policy when making outbound calls to third parties.
The Customer further expressly represents and agrees that, as a material condition to the use of FreedomVoice services, it will observe any state or other laws that require both parties to a telephone conversation to give prior consent to the monitoring or recording of such conversation. This includes California law, where prior consent of both parties is required even if only one party to the phone conversation is located in California.
The Customer agrees and understands that the conditions set forth above do not constitute legal advice and that the Customer is ultimately responsible for seeking appropriate legal counsel to ensure their recording of telephone conversations is in accordance with all applicable laws.
In no event shall FreedomVoice be liable to the Customer, the Customer’s employees, or any third party participating in calls with the Customer or the Customer’s employees for any direct damages or any incidental, consequential, special, or indirect damages, including but not limited to employee or third party claims, liability or damages, arising out of the use by Customer of FreedomVoice’s services to monitor or record outbound or inbound calls involving Customer’s employees, Customer’s clients, or any third party, regardless of whether Customer’s representatives have advised such third parties of the possibility of monitoring or recording such phone conversations, and particularly when any employee or third party claim is attributable to Customer’s error or omission in failing to advise of the potential or actual recording or monitoring of any conversations.
The Customer agrees to indemnify, defend and hold harmless FreedomVoice and its officers, directors, employees, agents, shareholders, and business partners from and against any and all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of Customer’s recording of employee or third party conversations, or any violation of federal or state laws governing monitoring or recording of telephone conversations and the requirement to obtain the prior consent of such persons. The provisions of this paragraph are for the benefit of FreedomVoice and its officers, directors, employees, agents, shareholders, and business partners, and FreedomVoice shall have the right to assert and enforce these provisions directly against Customer on behalf of FreedomVoice or such related parties.
Section 10: Referral Program
The following Terms and Conditions apply to the FreedomVoice Referral Program, wherein an existing FreedomVoice user (hereafter "Referrer") is eligible to receive rewards for referring unique, new customer(s) to sign up and maintain service in good standing with FreedomVoice.
Referrer is provided via the FreedomVoice WebLink online console a shareable link to a FreedomVoice web property that is encoded with their username information. When a prospective referred customer navigates to this link and places an order for FreedomVoice CloudNumber or CloudPhone service, or submits their information to be contacted about CloudPhone or CloudPBX service, these transactions are flagged as having originated with the Referrer. Any resulting FreedomVoice services established by these transactions are similarly flagged as potentially warranting referral reward.
Referred customers meriting reward are limited to unique customers from the Referrer, including but not limited to a unique business name, credit card, mailing address, billing address, and email address. Any such matching information between Referrer and referred party may result in disqualification of referral eligibility. Referral rewards are issued upon the referred customer maintaining in good standing 60 days of active FreedomVoice service. An account in good standing is deemed at the sole discretion of FreedomVoice, including but not limited to:
Active service with no scheduled cancellation date
No nonpayment holds or other account suspensions
No chargebacks issued for invoices paid
There is no limit to the number of referrals that can be made or rewarded by FreedomVoice, unless it is deemed by FreedomVoice that the Referrer is not acting in good faith to provide valid referrals. In such cases, FreedomVoice reserves the right to suspend referral rewards for the Referrer and any other usernames on associated FreedomVoice accounts.
The association of Referrer and referred party relies on browser cookies, and rewards may not be issued in the event the referred party has disabled or otherwise removed the associated browser cookie(s).
FreedomVoice reserves the right to terminate and/or modify the Referral Program at any time without prior notice. Referral rewards are non-transferable, non-assignable, and cannot be redeemed or exchanged for cash, credit, or other merchandise. If further action is required for reward issuance, the Referrer must complete the additional action within 30 days from initial notification of the request for further action, otherwise the Referrer will forfeit the pending reward. FreedomVoice partners, resellers, or associates are not eligible to earn rewards under this program.
Referrer is responsible for any and all tax liabilities associated with participation with the referral program, including the receipt of rewards. This Referral Program is void where prohibited by law.
Participating in the FreedomVoice Referral Program does not constitute the establishment of any form of partnership, reseller agreement, or other joint business venture between the Referrer and FreedomVoice.
By participating in this Program, Referrer agrees to release and hold harmless FreedomVoice, as the operator of the program for FreedomVoice and their affiliates and subsidiaries, directors, officers, employees, consultants, and agents, and any other entity associated with marketing this program from any and all claims or damages arising out of, or in connection with the program. Referrer further agrees that the program and rewards are provided "as is where is". THERE ARE NO REPRESENTATIONS OR WARRANTIES INCLUDING BUT NOT LIMITED TO STATUTORY WARRANTIES AND CONDITIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THIRD PARTIES RIGHTS, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF ONE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
Section 11: Lawful and Appropriate Use
It is specifically understood and agreed that the Customer shall be using the Service solely for lawful and appropriate purposes and the Customer hereby agrees to indemnify and hold FreedomVoice harmless from any and all claims, damages, losses or liabilities of any nature whatsoever arising out of or concerning the Customer's use in any manner of the Service provided herein. In the event that FreedomVoice is brought into or required to respond to any action arising from or concerning the Customer's activities, the Customer agrees to indemnify and hold FreedomVoice harmless from all arbitration, court and attorney's costs and fees.
FreedomVoice may immediately discontinue, disconnect, limit, or revoke the Service without notice or warning to the Customer should the Customer, at the sole discretion and determination of FreedomVoice, cause any type of activity or load which is incompatible with FreedomVoice's network, cause quality of service issues, or otherwise impair FreedomVoice's ability to maintain or provide service to other customers. In the case that the Service is suspected of being misused by the Customer, including for fraudulent activity, FreedomVoice reserves the right at its sole discretion to immediately terminate the Service and inform the public that the Service is believed to have been used for inappropriate business. In addition, FreedomVoice reserves the right to terminate Service to Customer, with or without cause and with or without specifying any reason for termination, upon at least thirty (30) days' notice of termination to Customer. FreedomVoice shall not be liable for any direct or indirect damages resulting from a decision to terminate, discontinue, disconnect, limit, or revoke the Service with or without notice or warning or for informing the public about the possibility of inappropriate business.
Section 12: Warranty Exclusions
FREEDOMVOICE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, FREEDOMVOICE DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, OMISSION, DEGRADATION OF VOICE QUALITY, OR LOSS OF CONTENT, DATA, OR INFORMATION. ANY CLAIM AGAINST FREEDOMVOICE MUST BE MADE WITHIN ONE YEAR OF THE EVENT GIVING RISE TO THE CLAIM OR 90 DAYS FROM THE TERMINATION OF SERVICE, WHICHEVER IS EARLIER, AND FREEDOMVOICE SHALL HAVE NO LIABILITY THEREAFTER.
Section 13: Limitation of Liability
The Service, although reliable, is not guaranteed. Liability for interruption of the Service and/or a lack of quality of the Service, including but not limited to errors and omissions relating to a directory listing and CNAM, shall be limited to a maximum of the sum of two months rental cost for the Service. FreedomVoice reserves the right to interrupt the Service for maintenance and systems upgrades at its discretion.
FreedomVoice shall not be liable for any delay in the Service or performance directly or indirectly caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, power failure, equipment failure, interruption of broadband or high-speed internet access, or other causes beyond the reasonable control of FreedomVoice.
IN NO EVENT SHALL FREEDOMVOICE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE PROVIDED HEREUNDER, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF FREEDOMVOICE OR OTHERWISE, EVEN IF FREEDOMVOICE IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Section 14: Proprietary Rights; Restrictions
It is specifically understood and agreed that the Service and all programs and formats associated with the Service provided under these Terms and Conditions are FreedomVoice’s proprietary materials and information. It is also specifically understood and agreed that the Customer shall not, and shall not permit or encourage others to, without the prior written approval of FreedomVoice, copy, duplicate, communicate, disclose, modify, adapt, decompile, reverse engineer, disassemble, prepare derivative works of, or attempt to derive source code from the Service or any programs or formats associated with the Service covered by these Terms and Conditions.
Section 15: Changes to Service and Terms and Conditions
FreedomVoice reserves the right to make changes to these Terms and Conditions or the Service as a result of changes in applicable regulations or for other reasons in FreedomVoice’s reasonable discretion. In the event of such changes, FreedomVoice will post the changes on “WebLink” or other web portal for using the Service, and the Customer’s continued use of the Service following notice of the changes will constitute the Customer’s consent to such changes.
Section 16: Right to Identify Customer
It is specifically agreed that FreedomVoice may identify the Customer as a customer of FreedomVoice and include the Customer’s name and any applicable logo in FreedomVoice’s marketing materials that identify FreedomVoice’s customers.
Section 17: 30-Day Cancellation Notice
Service may be cancelled by the Customer anytime upon 30 days notice to FreedomVoice’s Customer Care department. For the Customer’s protection, all requests to cancel the Service require that the Customer authorize the cancellation verbally by verifying account security information,
Section 18: Governing Law; Dispute Resolution
These Terms and Conditions shall be governed by the laws of the State of California without regard to its conflict of laws principles. The parties shall make diligent efforts through good faith negotiations to settle any disputes arising out of or related to these Terms and Conditions, including escalating the issues to their respective upper management levels. If any controversy or claim arising out of or relating to these Terms and Conditions, or the breach thereof, is not able to be settled by such negotiations within 30 days after either party first requests in writing that such negotiations be undertaken, then upon either party’s request in writing to submit the controversy or claim to arbitration, such matter shall be settled by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in San Diego, California, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, the parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, specific performance, or other equitable relief, as necessary to protect its proprietary information or other intellectual property rights, without breach of these Terms and Conditions and without any abridgment of the powers of the arbitrator(s). The arbitrator(s) shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms and Conditions including, but not limited to, any claim that all or part of these Terms and Conditions is void or voidable. There shall be no right or authority for any claims to be arbitrated on a class action basis or otherwise in any representative capacity, and no claims may be joined or consolidated in arbitration with claims brought by or against any other parties, unless otherwise agreed to in writing by all parties.
In the event that any action is brought to enforce or construe any of these Terms and Conditions, or for the breach of these Terms and Conditions, or concerning the indemnification clause contained herein, the prevailing party shall be entitled to recover, in addition to all other damages, reasonable attorney’s costs and fees.
In the event that FreedomVoice deems it necessary to utilize the services of a collections agency to recover an unpaid amount due under these Terms and Conditions, FreedomVoice shall be entitled to recover any collections agency costs and fees, as they relate to this unpaid amount, as a condition for reinstatement of the Service.
Section 19: Entire Agreement
These Terms and Conditions contain the entire understanding and agreement of the parties with respect to its subject matter and supersede all prior understandings or agreements regarding such subject matter. In the event of any conflict between these Terms and Conditions and the terms of any purchase order or acknowledgement, these Terms and Conditions shall control.