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Terms and Conditions

Vitelity.com is owned and operated by Onvoy, LLC d/b/a Vitelity ("we", "us", "our" or "Vitelity"). Vitelity provides its services to you ("Customer", "you" or "end user") subject to the following conditions.

If you visit or shop at our website or any other affiliated websites, you affirmatively accept the following conditions. Continued use of the site constitutes the affirmative agreement to these terms and conditions.

Vitelity reserves the right to change the terms, conditions and notices under which the Vitelity sites and services are offered, including but not limited to the charges associated with the use of the Vitelity sites and services.

1. Electronic Communications

1.1. When you visit Vitelity’s websites or send Email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by Email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

2. Copyright

2.1. All content on this site, such as text, graphics, logos, button icons, images, data compilations and software, is the property of Vitelity and is protected by international copyright laws. The compilation of all content on this site is the exclusive property of Vitelity and is protected by international copyright laws. All software used on this site is the property of Vitelity and is protected by international copyright laws.

3. Services & Conditions

3.1. Vitelity shall not be liable for any delay or failure to provide service(s) at any time. In no event shall Vitelity, its officers, Directors, Employees, Shareholders, Affiliates, Agents or Providers who furnishes services to customer in connection with this agreement or the service be liable for any incidental, indirect, special, punitive, exemplary or consequential damages, including but not limited to loss of data, loss of revenue, profits or anticipated profits, or damages arising out of or in connection to the use or inability to use the service. Further, in any event, the liability of Vitelity to Customer for any reason whatsoever shall be limited to a credit in an amount not to exceed the amount paid by the Customer for Vitelity’s service for the period of time of any event or occurrence that gives rise to the claim by Customer. The limitations set forth herein apply to claims founded in Breach of Contract, Breach of Warranty, Product Liability, or Tort and any and all other liability and apply whether or not Vitelity was informed of the likelihood of any particular type of damage.

3.2. Vitelity makes no warranties of any kind, written or implied, to the service in which it provides.

3.3. Vitelity provides prepaid services only. You must keep a positive balance to retain services with Vitelity. You must pay all negative balances immediately. Customer agrees to keep a positive balance in customer’s account at all times. You agree to pay the rate in which you signed up for the US48 destinations. Customer agrees to pay any and all charges that customer incurs while using Vitelity’s service.

3.4. Vitelity services are not intended for use as a primary telephone source for business or residential users.

3.5a. Vitelity unlimited local DID (US & CA) packages are intended for residential use only. Vitelity unlimited local DID packages include the use of 2 simultaneous channels and include a maximum of 4000 inbound minutes per month.

3.5b. Vitelity retail accounts are limited to a maximum of 10 simultaneous inbound and outbound calls. These limits may be increased per request at the discretion of Vitelity.

3.6. Vitelity does not allow calls originating from Payphones to toll free numbers on its network.

3.7. Any call placed to Directory Assistance (411, 1-XXX-555-1212) including Toll Free directory assistance (1-800-555-1212) will incur a $0.99 per call charge as the call will be routed to our national Directory Assistance call center.

3.8. At Vitelity’s sole discretion, you may incur a port away fee for any DID number(s) leaving Vitelity’s network as this is a pass-through charge from Vitelity’s underlying carrier(s).

3.9. All calls placed through Vitelity’s network to United States lower 48 States (“US48/Canada (“CA”) destinations are billed in 6 second increments unless otherwise stated.

3.10. Use of Vitelity’s services for telemarketing, broadcast faxing, delivery of unauthorized or unsolicited advertising, promotional materials or solicitations is strictly prohibited. Failure to abide by these terms will result in immediate account termination.

3.11. Customer agrees to the exclusive jurisdiction of the courts of Denver County in the state of Colorado in the United States of America for any and all disputes arising out of or relating to Vitelity’s services of these Terms and Conditions, or concerning the validity or enforceability of these Terms and Conditions.

3.12. Violation of any state or federal laws or laws of any other competent jurisdiction may result in immediate account termination and/or disconnection of the offending service.

3.13. Vitelity reserves the right to terminate service at any time with or without notice; especially if Customer is found to be in violation of Vitelity’s Terms & Conditions. You agree that Vitelity shall not be liable to you or to any third party for any modification, suspension or discontinuance of service.

3.14. Due to the nature of this industry and high credit card fraud rate, Vitelity reserves the right to request the following documentation for verification purposes: A copy of the credit card used to establish the account along with valid photo identification such as a Passport, Driver’s License or other Government issued identification.

3.15. Any account that is closed (due to non-payment or at the customer’s request) has sixty (60) days from the suspension/cancellation date to port-out any local, international, toll free, vMobile, or vFax numbers. Any remaining numbers (or other services like CNAM, e911, etc.) on the customer account after the sixty (60) days will be considered abandoned and deleted.

4. Product Configuration

4.1. Vitelity services are not intended for the novice user. Vitelity does not offer free technical assistance for third party devices. This includes PBX Servers/Switches, IP Phones and ATA Adapters. We do offer technical assistance under Professional Services at a billable rate of $125/hour.

4.2. We do provide sample configuration for Asterisk/Trixbox servers, Linksys PAP2/Sipura Devices and standard SIP settings for use with IP Phones/Softphones which is easily accessible on the support page within our customer user portal. The sample configuration provided will not assist with internal routing, extension logic or calling plans. It is the end users responsibility to properly configure their servers and or devices for use with Vitelity services.

4.3. If you need assistance configuring your third party device, PBX, or SIP trunks please contact our sales department at 888-898-4835 (option 1) to discuss our professional services rates.

5. Refund Policy

5.1. We offer full refunds on remaining pre-paid balance upon request for all payments made within 60 days. We do not offer refunds for monthly subscriptions such as Local DID’s or Toll Free numbers. There will be no refunds for one-time/setup fees. (custom toll free numbers)

6. Site Policies, Modification & Severability

6.1. The Vitelity Privacy Policy is posted on our site and is incorporated into these Terms and Conditions, subject to the following paragraph.

7. General Complaints

7.1. Please send reports of activity in violation of these Terms & Conditions to abuse@Vitelity.com. Vitelity will reasonably investigate incidents involving such violations. Vitelity may involve and will cooperate with law enforcement officials if any criminal activity is suspected. Violations may involve criminal and civil liability.

e911 Terms & Conditions

Definitions

911
Emergency call service typically used for delivering emergency calls to a public safety access point.

PSAP
Public Safety Answering Point

VoIP
Voice over IP

e911 Terms & Conditions

Due to FCC rulings and regulations, all customers who are using Vitelity services as their primary residential or business telephone carrier must activate 911 Emergency Services on at least one of their DIDs.

Enhanced 911, the portion of our 911 service which delivers physical address information to your local PSAP is not guaranteed. It is possible that your physical address information may not be passed to the PSAP dispatcher. On occasions such as this you will be required to give the dispatcher the location of your emergency in order to receive emergency service assistance.

Enhanced 911 service is not available to every location within the United States at this time. For locations where e911 is not currently available, you will be required to announce the location of your emergency to the PSAP dispatcher.

Due to the nature and instability of VoIP networks, we cannot and do not guarantee your emergency call will complete. Loss of power, Internet access and or several other conditions may cause 911 to be inoperable. We have no control over those types of situations therefore are not held liable. Vitelity will do everything within their power to prevent service outages within its network.

In order for e911 address information to be passed to your local PSAP dispatcher, you must set your outbound caller ID value to the specific DID you are purchasing e911 service for. Therefore, by agreeing to these Terms & Conditions you the customer agree to set the outbound Caller ID number to the DID you have enabled e911 services for when making an outbound 911 emergency call. Failure to set the correct caller ID value will result in a non-refundable $85 surcharge per 911 call.

We have added an extension to our network which all Vitelity users may call to test their Caller ID value. At any time, you may test your outbound caller ID value by dialing ’811? through our network.

By using Vitelity’s Enhanced 911 service, Customer agrees that Vitelity, its contractors, executives, members, customers, agents, employees, carriers, 911 providers, and any anyone else associated with Vitelity is not held liable for emergency calls failing, even if it is determined that it is the fault of Vitelity or its associates. Customer further agrees that they will notify their customers, contractors, agents, employees, associates, shareholders, partners, and anyone who may use the Vitelity 911 service of our limitations and will only permit use of the Vitelity service by persons who agree to not hold Vitelity or Customer liable.

Customer will be charged a regulatory recovery fee of $1.49 per month for each DID submitted to the e911 database. This fee is non-refundable. Failure to enable e911 service will result in a non-refundable $85 surcharge per 911 call.

General Terms and Conditions for vMobile Service

(Effective January 1, 2014)


Standard Definitions

This section is meant to provide a clear understanding of the Standard Definitions within the General Terms and Conditions for vMobile Service (vMobile Terms and Conditions) First, references to – “Us”, “We”, and “Our” refer to Onvoy, LLC d/b/a Vitelity (“Vitelity”). Second. vMobile is a brand of Vitelity. Third, references made to “Customer”, “User”, “Subscriber”, “You” and “Your” applies to You as the Account Holder, which includes any end users You as the Account Holder may have. Fourth, the reference to “Device” pertains to the products such as the mobile broadband device, phone, and any accessory, We provide or sell to You. Fifth, the term “Service” or “Services” refers to vMobile service, the wireless services offered to You under these terms and conditions by Vitelity, which include, rates of service, options, type of Service Plans, programs, mobile applications, products, customer care service, billing assistance or services or devices on the account.

Responsible Party

As the Account Holder, You signify that You are at least 18 years of age, and acknowledge the legal obligations under the vMobile Terms and Conditions. (Note: A Puerto Rico customer is required to be 21 years old or legally emancipated) In the event that You are acting on the behalf of an organization, it is further required that You are authorized to accept the vMobile Terms and Conditions. You acknowledge that all access, usage charges, fees, taxes and other charges accepted or processed through Your Device is Your responsibility; and You agree to accept and remit payment upon.

Management of Your vMobile account may be handled by a designated “Authorized User”. The Authorized User is given the same access privileges to account information, including the ability to activate or deactivate service(s). The security of Your vMobile account relies on the measures You take in giving access to others as it will be Your sole responsibility to pay for charges incurred from any changes made by the Authorized User. The Service Plan may be modified by Us at any time by providing twenty-four (24) hours’ notice. The cost of Your Service may increase or decrease when changes have been implemented.

vMobile Terms and Conditions

The vMobile Terms and Conditions is a legally binding service contract, under which Vitelity provides Your Service. The vMobile Terms and Conditions include, but are not limited to the following: the Service Plan(s) selected by subscriber and any or all terms set forth in the coverage maps. THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION PROVISION THAT DISALLOWS CLASS ACTIONS, A CLASS ACTION WAIVER PROVISION, AND/OR A JURY WAIVER PROVISION.

Third Party Terms

The use of devices, services, certain applications, and programs provided by a Third Party may result in additional charges (aka “fees”), which You will be solely responsible to pay. Prior to use You will receive notification of the Third Party’s Terms and Conditions. This notice may come directly from Vitelity or the Third Party. You, (the Account Holder), are subject to said terms directly between you and that Third Party. It is not our responsibility; rather the Account Holder’s, to pay for any costs associated with third party items.

vMobile Terms and Conditions Acceptance

It is required that you have the legal capacity to accept these vMobile Terms and Conditions. These vMobile Terms and Conditions are considered to have been legally accepted by the subscriber or the Account Holder when one completes any of the following:, (1) you electronically agree to these vMobile Terms and Conditions; (2) You open any packaging; (3) You pay for Services; (4) You utilize the Services.

Service Activation

vMobile Customer Care Center is available at https://portal.vitelity.net to assist you with the activation of your account, or establishing an appropriate account balance to pay for pay-per-use charges and applicable subscription charges (refer to “Types of Charges” section for more details). Subscription charges are based on the Service Plan you select. Further instruction is provided during the purchase transaction and inside your equipment box (aka “packaging”).

Our Right to Change the vMobile Terms and Conditions & Your Related Rights

Without notice We can change any part of the vMobile Terms and Conditions, including but not limited to: (1) how We calculate charges and apply any given discounts; (2) how We provide service coverage; (3) how We utilize technology to provide you Service; (4) and your terms of Service. In response to the vMobile Terms and Conditions changes, You have the right to terminate Service(s). Any access fees or charges due to Your continued use of our Services after the effective date of change, hereby are Your sole responsibility, in which, You agree to pay.

Our Right to Suspend or Terminate Services

At any time for any reason without notice, We can suspend or terminate any Service(s) for the following reason(s) that warrant such action: (1) if You violate or breach or abuse the vMobile Terms and Conditions; (2) if a law enforcement request or other government order is in effect and You reject or fail to respond; (3) if You harass, offend, or threaten our employees with violent recourse; (4) if You use Services to conduct illegal activities in any manner; (5) if You modify a Device to where it violates the manufactures policies; (6) failure to pay for Service(s), submission of insufficient funds, and the dispute of credit card charges; (7) You provide false or inaccurate information in the activation of Your account; (8) and/or You violate Our Acceptable Use Policy (“AUP”). The action We take upon any of these matters is done to protect Our interests, the interests of Our customers, and other parties.

Your Right to Change Services & When Changes Are Effective

A change to Your Service may be requested by the Account Holder. Sometimes, changes to the account are conditional upon payment of certain charges (i.e. late fees or a past due account balance). Our Policies that govern the old (aka “retired”) Service(s) will dictate the effective date of any changes. A credit or refund for other charges or any subscription will not be processed due to or as a result of the change in Service(s). [Note: Any changes made to your Service by an Authorized User are Your responsibility.]

Your Device, Number, & Email Address

The Device You have purchased to use our Services is not manufactured by Us; therefore, it is the manufacturer that is responsible for any product defects or omissions. We will pass on to you the “Limited Warranty” for your Device that has been provided by the manufacturer. A Limited Warranty given by the manufacturer to You directly or that which we pass through to You will be the only warranty on Your Device. If a Device is defective, it is Your responsibility to return it to Us. The performance of a Device is based on its specification, software application, memory, and storage capacity. The performance of Your Device may interfere with Your Service causing operational malfunctions. We take every precaution to ensure that the Device meets Our specification and is sold exclusively for use with Our Services. Under FCC rules, you may port/transfer your phone number to another carrier; however you do not gain ownership of the phone number or email address.

Porting IN/Porting OUT Transferring Phone Numbers

Porting IN your current number to Us depends on where you live and the limitations of Your existing carrier. We cannot guarantee that number transfers to or from Us will be successful. Our vMobile Customer Care department is available to assist you. We recommend that You contact Your carrier prior to switching Your service and inquire if you will have to pay a termination penalty.

Porting Out Your vMobile number to another carrier is considered an “Authorized Request” by You to terminate all of the Services associated with that number. [Note: If You are porting a phone number to or from Us, we may not be able to enable 9-1-1 location services while the port is being implemented.]

9-1-1 Emergency Service Calls

We takes great care to ensure that our customer’s privacy and personal information are secure. We make every effort to confirm the identity of an Account Holder, (You), prior to taking any action on the account. In the event any persons permitted by law, utilize any Device programmed with Your number calls 9-1-1 Emergency Service Calls, and we have reason to believe that failure to disclose your personal information may result in immediate danger or injury or possible death, we may disclose your records without delay. You or any persons utilizing Your Device in making a 9-1-1 Emergency Service call should be prepared to disclose the following: (1) the number to Your Device; and (2) Your location as the 9-1-1 operator may not be equipped with the proper technology to locate You. Cellular service is required to complete a 9-1-1 call. If Your phone reports no Cellular service, even if You have a Wifi connection, Your 9-1-1 call may not complete. If a 9-1-1 call fails to connect or call fails to complete or if inaccurate location information is provided, Vitelity is not responsible.

Network Coverage & Service Speeds

The radio transmissions your Device pin-points in a specified area of Service and the Services you’ve chosen will determine your “Network Coverage”. vMobile service coverage maps are available on our website. Our coverage maps provide an illustration of estimated high-level Network Coverage areas where you can receive optimal Service outdoors. Several factors may impact Network Coverage & Service Speeds, including but not limited to: (1) the environment and building structures; (2) network or internet congestion; (3) weather and geography. These factors may result in dropped and blocked connections. E911 and GPS navigation depend on Your Device’s ability to acquire a satellite signal to transmit your location. If You are inside a solid structure or in an area where coverage is limited, Your Device will not be able to perform properly. As Your Device updates software the Service Speed drops until the software update is complete. We cannot guarantee that Your Device will receive the proper Network Coverage or adequate Service Speeds everywhere. The coverage area is subject to change without notice.

Roaming, Data Services & Content

The term “Roaming” refers to coverage on another carrier’s network which is made available for a cellular customer to automatically make and receive voice calls, send and receive data, or accesses other services, based on our Agreements with such other carriers. This too may include, but may not be limited to, home data services when traveling outside the geographical coverage area of the home network, by means of using a visited network.

Roaming coverage is determined by the radio transmission signal Your Device receives both within and outside our network coverage areas and the availability of roaming coverage may be based on Your Services. [Note: Additional fees/charges may apply for the amount of minutes used while roaming.] Review Your vMobile Service Plan for more information on whether additional fees/charges for roaming, data service, and content apply. Your Device will alert You while accessing a network if You are placing a call while roaming. If roaming is not mentioned in Your plan, You will not be billed for roaming in the continental lower 48 states unless more than 5% of Your total cellular call traffic is roaming off of Our primary network. If more than 5% of Your traffic is roaming in the continental lower 48 states, We reserve the right to bill you seven cents ($.07) per minute for every call that roams. To prevent roaming charges, You may turn off the ability for Your phone to register to an alternative network (known as roaming) in Your Device’s settings menu.

We provide You with data service based on Your Service Plan that may allow You to access the Internet, send and receive email, send and receive texts, view video, play games, download applications, listen to music, and other options known as “Data Content”. Data Content can be accessed from Us, Our vendors, or other third party websites. We recommend that Our customers monitor data usage by minors as Data Content may be unsuitable for children, and may be offensive, inaccurate, or unreliable. Furthermore by accessing and/or downloading programs and participating in the transmission of third party Data Content, You take a risk in damaging your Device. Our Service Plan on Roaming, Data Services and Content coverage charges are subject to change without notice. We make no guarantee about the Data Content that you access on your Device.

Restrictions on Using Data Content & Services

We reserve the right to place restrictions on accessing certain Data Content, limit data usage, impose separate fees/charges, or otherwise terminate Services to protect Our Networks and Services. This includes but is not limited to certain website content and third party applications. While data Services are in use You may not be able to receive voice messages or make outbound calls.

Acceptable Use Policy

“The Acceptable Use Policy is available on Our website, and it provides further details on the restrictions on using data content and services.

Permissible and Prohibited Data Use

Unless explicitly permitted by Your Service Plan and/or authorized by Us; your Service Plan is intended for browsing the Internet, text messaging, and similar activities. Other uses including but not limited to: (1) tethering Your device to other hardware or personal/business computer; (2) hosting computer applications or heavy data sessions; (3) or as a server device that transmits data to another carrier is not permissible use and hereby prohibited. The only exception is if We identify the Service or Device as specifically intended for that purpose. [For example: wireless routers, USB modem, etc.]. Your Service or Device is equipped to act as a modem or mobile hot spot, which depending on Your Service Plan may generate charges.

We reserve the right to review, evaluate, limit, suspend, or constrain any heavy data usage, or any use of the Service or Device as determined by Us in Our sole discretion. Data usage that adversely impacts our networks` performance or hinders access to our networks is prohibited.

Software License Terms

The vMobile service You have chosen may incorporate software license terms controlled by a by a third party. Any such third party software or technology falls under the scope of the vMobile Terms and Conditions. A non-exclusive, non-transferable license to use the software to access the Services for Your own individual use is granted by Us. This software license is limited and/or revocable at any time. As the Account Holder, You or the Authorized User agree; not to sell, resell, transfer, translate, publish copy, create derivative works of, create any commercial use of, reverse engineer, modify, disassemble, or decompile the software for Your Device.

Activation, Fees & Miscellaneous Charges

All fees and other miscellaneous charges associated with Your vMobile account are based on the terms set forth in Our Service Plan. The type of fees/charges You incur will vary according to the Service(s) We provide under Your service plan. Typical fees include but are not limited to: (1) activation on a new account or reactivation; (2) prepayment for service(s): (3) or other fees to establish a change. Miscellaneous transactions (convenience payment, purchase of accessories, upgrades, adding a line or lines to your existing account, changing phone numbers, upgrades, etc.) may also be subject to a charge. Prior to completing a requested transaction, You will receive the proper notification informing You of any associated costs (fees/charges).

Usage Charges

Your vMobile account Service Plan determines the type of charges You will incur based on the Service(s) utilized. All fees/charges on Your account are the sole responsibility of the Account Holder, including charges made by a person or persons that you’ve authorized to have direct or indirect access to your device. If You as the Account Holder allow anyone to access or use the Device, You are willingly providing the end-user or users authorization to access, download, and use Your Services. The taxes, surcharges, and fees associated with Your Services may include, but are not limited to an additional service charge for: (1) operator and directory assistance; (2) voicemail, data calls, or text messages; and (3) access and downloading of software applications. Detailed information regarding the actual usage charges applicable to Your Service are provided during the sales transaction, including a reference to our website – https://portal.vitelity.net.

Charges on Your vMobile account are generally deducted from the account balance, such as subscription charges or pay-per use charges. Certain Services may be paid through a debit card, credit card, or other payment method. Any outstanding, unpaid charges and fees from subsequent amounts You add to Your account balance we may deduct if You incur fees/charges that were not charged prior to Your account balance zeroing out.

Types of Charges

We typically measure three types of charges that You (the end-user) access a Service by either subscribing, or periodic use, or while accessing content and downloading. As defined: (1) Subscription Charges – permit You access to a Service(s) or provide You Service(s) during a designated time period; (2) Pay-Per-Use Charges – provide You access as needed and is measured each time a Service is used; (3) Download Charges – are charges measured at the time of downloading or accessing content, which we collect on behalf of ourselves or third party content providers. Based on Your Service, some types of subscription charges may be measured routinely at time of activation and automatically for subsequent subscription periods. [Note: Subscription charges for Services end daily at 11:59 p.m. (based on Your time zone) and on the last day of Your subscription period.]

How We Calculate Charges to Your Account

You will be billed according to your vMobile Service Plan. Services will be billed based on the amount of time used or data sent or received, in which case we round up any fraction to the next full minute. For outgoing calls, usage time begins at the first press of SEND or the call connects to a network. Incoming calls may not connect to a network before charges start. You are charged for all calls that connect to an answering machine, voicemail, or answering transcription service at the rate that applies to the time period in which the call starts. NO CHARGE for unanswered calls. All incoming and outgoing calls will be billed per minute per Your Service Plan. The call time data display on Your Device may be an inaccurate source in determining charges to Your account. A single call may be limited or automatically terminated if it exceeds the limit as defined in your Service Plan.

Short Messaging Service (“SMS”) or Multimedia Messaging Service (“MMS”) collectively known as “Text(s)” will be billed based on Your Service Plan. If billed, Texts will be billed per each Text sent regardless if the other party receives the Text. Please note, MMS Service is currently unavailable. These vMobile Terms and Conditions will be changed once the Service is available.

If Your Service is billed for data usage, it is measured by bytes, kilobytes, megabytes, and gigabytes (not in minutes/time) for both downloads and uploads. Each data usage session is rounded up to equal at least 1 KB during or after the transmission of data. Based on Your Services, usage may be charged against an allowance or on a fixed price per KB. Data usage is subject to limitations, which is determined by Your vMobile account Service Plan. Any fractional cents are rounded up the next cent for data usage that is charged on a fixed per KB. You may incur data charges as long as Your Device is connected to our data networks.

Data Usage and Data Content fees and/or charges for which You may incur includes, yet is not limited to, graphics, logos, pictures, etc.; data used to access, transport, and route a file to Our network; data re sent; data downloads, partial or interrupted data; and data that has failed to connect to a website. For Data Content itself (ringer, game, music, etc.) additional charges will apply. The amount of data used and charged during identical actions or data sessions will vary based on the Device and Network. The size of a downloadable file is not an accurate estimate of actual data usage.

Taxes & Government Fees

We are required by law to collect federal, state, local taxes, and other assessments to remit to the government on the Services We provide to You. As the Account Holder, You agree to pay these charges with the understanding that these fees may change from time to time without advance notice. [Note: A valid exemption certificate is necessary if You are claiming any tax exemption, and do not apply retroactively.]

Surcharges

All “Surcharges” We incur are Your responsibility. These Surcharges may include, but not limited to: (a) administrative charges; (b) various regulatory charges; (c) Federal Universal Service; (d) gross receipts charges; (e) costs and other taxes imposed upon Us, which We then pass along to You. By law We are not required to assess Surcharges (surcharges are not taxes). We choose to separately bill and collect Surcharges from You for the Services We provide in addition to the rates described in Your Service Plan. The type of Surcharges will vary as will the number, based on the primary account address of the payee and payment method, and/or the location of the transaction and Device.
We determine how the rate for these Surcharges are calculated and the components used to do so, which are subject to change at any time. The formulas used to calculate surcharge amounts is set forth by the government; thereby, making it impossible to always provide advance notice of changes to any existing Surcharges or new Surcharges.

Disputing Charges

To dispute a charge on your vMobile account You are required to submit a written dispute to said charge(s) within thirty (30) days from the date We deducted the charge or charges from Your account. [Note: 20 days for Puerto Rico Customers] If the dispute to said charge(s) is not made within the appropriate time period, You accept and agree to pay all charges.

About Account Balances

Your vMobile account is subject to the terms and conditions of Your Service Plan. It may be required that a positive account balance is maintained to keep Your account active and avoid service interruptions, depending on your account type. If You are unsure of Your account type, please contact vMobile support. The account balance is non-transferable, non-refundable, and cannot be redeemed for cash. Payment on Your account is applied to the fees or charges on the account for Our Services; thereby, providing a credit on Your account. A positive account balance must be used within the effective period otherwise it is forfeited based on Your Service Plan. Restarting your vMobile account takes effect when You properly replenish the account balance. A balance that remains on Your account pass the effective period will expire, and You will not be entitled to a credit on service or a cash refund. Your Service is subject to interruption if failure to pay applicable subscription charges in a timely manner or maintain a positive account balance. In the event interruption occurs, a time period will be given (based on Your Service Plan) to pay Your account balance. Failure to remit payment during this time period will result in cancellation of Your Service; this includes the loss of Your personal account information, associated email address, identification number, and any phone number. [Note: After cancellation of Your Service, a reactivation fee will apply if You decide to restart Your Service.] For more detailed information on account balance limitations and reactivation fees that may apply to Your Service Plan, visit https://portal.vitelity.net and reference the “Service Account Status Rules”.

Switching between Service Plans

We provide You with a variety of Service Plans to suit Your specific wireless communication needs; however, not all Service Plans are created equal. Switching between Service Plans may result in the loss of all remaining unused minutes, data allotment, messages, and other limitations may apply (i.e. the availability of specific Services) that pertain to what Service Plan can be utilized on Your Device. We cannot guarantee that You will receive a refund for any portion of service charges You paid on Your previous Service Plan.

No Refunds of vMobile Airtime and Monthly Charges

All vMobile sales are final and non-refundable. A lost, stolen, misused, or damaged vMobile account or phone is not Our responsibility. Our non-refundable terms state that returns are not accepted, nor refunds issued. This too applies to the charges incur by an end-user (authorize or non-authorize user) on transactions made with Your mobile phone.

Establishing or Replenishing Account Balances

A vMobile service representative can provide you with the appropriate information in establishing or replenishing an account balance at the time of activation. Information is also available online at https://portal.vitelity.net. The terms of Your Service will determine any fee that may apply. Automatic account balance replenishment is limited to specific Service Plans. [Note: A credit card or debit card is required to be eligible for automatic billing.] You may incur additional fees and limitations with this method of payment. Limitations may include, but not limited to: the amount credited or debited to Your account; charges made during a particular time period; or fees imposed by Your financial institution.

Protecting Our Networks & Services

We take the protection of Our networks and services seriously. By law, We may take any legal action to protect Our rights and interests or the rights of others or to protect Our networks and improve the overall use of Our networks and Services. These actions may interrupt or prevent legitimate communications and usage, such as (1) limiting access to certain websites and browsers; (2) filtering software usage to prevent a virus or blocking spam; (3) limiting applications or Data Content; (4) and prohibited or unintended uses of a line. Additional information on the steps We take in protecting all interests is made available online via Our “Acceptable Use Policy”.

Our Privacy Policy & You

Our policy is to protect the privacy of Our customers. Our Privacy Policy is available online at http://www.vitelity.com. Please note that this policy may change at any time and We recommend that You regularly review it.

Call Monitoring: For lawful purposes and to ensure that our customers receive quality Services, We may monitor or record incoming calls between us. Examples of such calls include conversations you may have with our customer service or sales department. These calls are used in-house only (by the company) for the purpose of training and/or quality control.

Authentication and Contact: A personal identification number (“PIN”) and a backup security question and answer may be established by You (the Account Holder) to secure your personal information. The backup security Q & A (question and answer) is utilized in the event You forget your PIN and need assistance resetting it. It is Your responsibility as the Account Holder to take every measure in protecting access to Your account credentials (PIN, passwords, backup security Q & A) from loss or disclosure, and agree to these terms as such. You acknowledge that if any person (authorized or non-authorized) presents these credentials that We deem sufficient for account access, We may treat as an Authorized User on Your account and grant the release of information or authority to change Service(s). Furthermore, You agree that the contact information You provide may be used by Us for Service-related reason to contact You through other available means (email address, mobile number, mobile text messaging, fax, residential or business phone, or mailing address).

CPNI: You have the right under Federal Law and We have a duty to protect the confidentiality of Your Customer Proprietary Network Information “CPNI”, which includes information about the telecommunications services you use including: (1) the quantity; (2) type and location; (3) technical configuration; (4) and other subscriber information found on Your bill. To further protect Your information, We implement safeguards and contact authentication procedures in protecting Your CPNI. On vMobile accounts with a dedicated representative, We generally rely on contacting the pre-established point of contact as the standard authentication measure.

Third-Party Applications: With the use of a third-party application, it is required that We disclose Your personal information and location upon You accessing the application. By You accessing, using, or authorizing a third-party application through the Services We provide, You authorize Vitelity to release information related to Your use of the Services (the applications). You acknowledge the use of third-party applications is subject to their terms, conditions, policies and procedures. We recommend that You carefully review all third-party terms before use.

Information on Devices: We recommend that You remove all personal information that may contain sensitive content or data from your Device prior to submitting it to Us. Examples of such material include credit card numbers, passwords, pictures, and/or videos. Upon submitting your Device to Us, You acknowledge that You are aware that information not removed by You may be obtainable by Our employees, contractors, or vendors from Your Device. Our standard practice is to erase all data on a Device if You exchange, return or recycle it. Vitelity is not responsible for any information that remains on Your Device.

Location-Enabled Services

Your Device can be located by Our networks when it is turned on and outdoors. This allows Us the ability to locate your Device if lost or stolen. We can provide enhance emergency 9-1-1 Services and optional location-enabled Services provided by Us or a third-party. Some environmental factors (buildings, steel structures, weather, landscape, geography and topography) may have an impact on Your network coverage. Upon activation of the location-enabled services, You acknowledge that any authorized user may access and use Your vMobile services, including authorizing Us or third-party location-enabled applications through the Services. The use of such location-enabled applications is subject to the application’s terms, conditions, policies, and its privacy policy.

9-1-1 & Other Emergency Calls

Always be prepared when making an emergency call to 9-1-1. It is advised by public safety officials that You provide your contact number, location, and any other information that will assist in locating You to the operator. Not all local emergency service providers have access to the equipment and technology required to locate Your Device. The majority of Devices are equipped with a GPS; however, it is up to the end-user (You) to enable the service. In the event it is not enabled, 9-1-1 operators or emergency service providers that are equipped with the proper technology will not be able to locate You. It is common for an emergency call to be routed to a state patrol dispatcher or an alternative location set by emergency providers. With the enhanced 9-1-1 service (“E911″), emergency authorities that use GPS technology will be able to access Your location. [Note: Using the E911 Service does not guarantee that an emergency provider will receive accurate location information.] Several factors may interfere with satellite signals and You may not be located by emergency officials. If a 9-1-1 call fails to connect or call fails to complete or if inaccurate location information is provided, We are not responsible.

Local or Stolen Equipment

Vitelity requires that you notify Us immediately if your Device is lost or stolen. All usage charges are Your responsibility. As the Account Holder, You agree to cooperate with authorities and any investigation We deem necessary by providing sworn facts or police reports from local or state police departments. If You decide to terminate Your Service due to a lost or stolen Device, You will not receive a credit or refund on any account balance. Furthermore, We require You to notify Us regarding the status of Your Device (whether You have activated a new Device or it has been found) within 60 days of the suspension of Your account. In the event that You choose to not activate a new device or notify Us accordingly, We may assess a non-refundable charge (if applicable) equal to the balance in Your account and the phone number will no longer be available for Your use.

DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

TO THE EXTENT ALLOWED BY LAW, (UNLESS EXPRESSLY PROVIDED IN WRITING), WE MAKE NO REPRESENTATION OR WARRANTIES, NEITHER EXPRESSED NOR IMPLIED WARRANTY OF MERCHANT ABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES. THIS INCLUDES THE DEVICE ON YOUR ACCOUNT AND ANY APPLICABLE SOFTWARE APPLICATIONS ON YOUR DEVICE. WE DO NOT GUARANTEE NOR PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND REFUSE AUTHORIZATION TO ANYONE WISHING TO MAKE WARRANTIES ON OUR BEHALF. THE SOFTWARE AND APPLICATIONS IS PROVIDED BY vMobile ON AN “AS IS” BASIS AND SUBJECT TO ERRORS, DEFECTS, AND OTHER FAULTS. WITH REGARDS TO LIMITATION OF LIABILITY – TO THE EXTENT ALLOWED BY LAW, WE ARE NOT LIABLE FOR ANY CLAIMS FOR MONETARY DAMAGES. CLAIMS MADE BY YOU ARE LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES PART OF THE AFFECTED PERIOD. FURTHERMORE, WE ARE NOT LIABLE FOR DAMAGES OUTSIDE THE SCOPE OF THE AGREEMENT OR SPECIAL DAMAGES, INCIDENTAL, CONSEQUENTIAL, MULTIPLE, OR PUNITIVE ARISING FROM RELATED SERVICES OR CONSEQUENCE IN FAILING TO PROVIDE SERVICE IN CONNECTION WITH A DEVICE. WE ARE NOT LIABLE FOR THE LOSS OF BUSINESS, LOST PROFITS, OR THE COSTS ASSOCIATED WITH REPLACEMENT OF PRODUCTS AND SERVICES.

You (the Account Holder), acknowledge and agree that neither Vitelity nor its parent subsidiaries or Affiliates, nor licensors (vendors or suppliers) are responsible for any damages resulting from: (a) misuse of the Device or Our Services; (b) traffic accidents or automotive tickets while using a Device or the Services; (c) problems with a Device due to repair, maintenance, removal of the Service connection equipment and software; (d) damage to Your computers, telephones, televisions, recording and playback Devices; (e) interrupted network coverage that result in dropped or blocked calls, which include failure to access emergency services, E911 or otherwise; (f) loss of personal information stored on a Device, computer, equipment from use of the Services or from downloads of malicious content (viruses, worms, data, text, images, audio, or videos); (g) any health-related claims relating to the use of Device or Services; (h) and acts of nature (weather-related phenomena, fire, earthquake, hurricane, etc.) or other things beyond our control including but not limited to war, terrorism, or government orders or national and regional acts. You also agree to implement appropriate safeguards to secure Your equipment, Device, or computer and to back up Your information stored on each.

DISPUTE & ARBITRATION

HEREIN, VITELITY AND YOU BOTH AGREE TO FIRST CONTACT THE OTHER PARTY CONCERNING ANY DISPUTES AND PROVIDE A WRITTEN DESCRIPTION OF PROBLEM. THIS IS TO INCLUDE RELEVANT DOCUMENTATION AND SUPPORTING INFORMATION WITH A PROPOSED RESOLUTION TO THE DISPUTE. IN REGARDS TO ARBITRATION – AS DESCRIBED BELOW, ANY PAST, PRESENT, OR FUTURE CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THE AGREEMENT VITELITY AND YOU BOTH AGREE TO ARBITRATE ALL DISPUTES ON AN INDIVIDUAL BASIS. THE INTENT OF THIS AGREEMENT TO ARBITRATE IS TO BE BROADLY CONSTRUED. THERE IS NO JUDGE OR JURY IN ARBITRATION; HOWEVER, THE AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES. BY LAW, THE ARBITRATOR MAY AWARD DAMAGES AND RELIEF, INCLUDING ATTORNEY FEES. WITH SOME EXCEPTION UNDER THE FEDERAL ARBITRATION ACT (“FAA”), THE ARBITRATOR’S DECISION AND AWARD IS FINAL AND BINDING. THE JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING COMPETENT JURISDICTION.

IN ADDITION, WE EACH ALSO AGREE AS FOLLOWS:

  1. “Disputes” are defined as any claims or controversies made against each other that are related to or arising from our Services or the vMobile Terms and Conditions. These disputes may pertain to Our billing services, customer care and services, advertising ethics, service claims, privacy, and termination of Services, coverage, and Devices. Dispute claims made by you may include: (a) issues you experience with sales representatives, employees, management, agents, affiliates; (b) issues you bring against third parties (retailers or suppliers) that pertain to the Service Plan or the vMobile Terms and Conditions. We too may bring a Dispute claim against you based on the contractual relationship, misrepresentation, statue, fraud, or any other legal theory.
  2. “Written Notice” is a document that initiates a claim to arbitrate a Dispute, which describes the reason for the dispute and what action or efforts have been made to resolve it. This also includes relevant documentation, supporting information, and the proposed resolution. It is agreed that we will each attempt to resolve the dispute prior (typically within 45 days) to filing a claim for arbitration.
  3. “Federal Arbitration Act” (“FAA”) applies to arbitration provision and the vMobile Terms and Conditions. Vitelity and You each agree that the provisions provided by the FAA, not state law, will govern all questions if a dispute is subject to arbitration.
  4. “Arbitrator & Arbitration Location” is to be conducted by a single neutral arbitrator (third-party), based upon rules mutually agreed upon. [Note: The rules in selection of an arbitrator, filing, administration, discovery, and arbitrator fees are available at jamsadr.com] These rules and procedures are known as “JAMS Comprehensive Arbitration Rules & Procedures Fairness” and used to set the minimum standards for arbitration. Vitelity and You each agree the arbitration will take place in Denver, Colorado.
  5. “Arbitration Pursuit” is to be done on an individual basis and not on a class wide basis. You and Vitelity each agree that arbitration will be solely between You and Vitelity. The court or arbitrator may deem that this restriction is unconscionable or unenforceable, if so the agreement to arbitrate will not apply and the dispute is to be held in a court of law.
  6. “Costs” will be the responsibility of both parties. You and Vitelity each agree to be responsible for our respective costs relating to counsel, witnesses, expert testimonials, and any other fees related to the arbitration of any dispute. Administrative, filing fees and arbitrator fees will be paid by Vitelity.


NO CLASS ACTIONS OR TRIAL BY JURY

THE RIGHT TO PURSUE DISPUTES OR THE RIGHT TO A TRIAL BY JURY ON A CLASS WIDE BASIS IS HEREBY WAIVED BY BOTH PARTIES (TO THE EXTENT ALLOWED BY LAW). THIS IS IN REFERENCE TO: (1) PARTICIPATION IN THE CLAIM WITH OTHER PARTIES OR ORGANIZATION; (2) INTERJECTING A CLAIM ON THE BEHALF OF OTHER PARTIES IN OTHER PROCEEDINGS, LAWSUIT AND/OR ARBITRATION.

INDEMNIFICATION

Account Holder’s Indemnification: You (the Account Holder) agree to “indemnify” and defend Vitelity, Onvoy, LLC, Our partners, subsidiaries, affiliates, officers, shareholders, employees, agents and their successors (i.e. vendors, suppliers and licensors) harmless from any claims arising out of or pertaining to: (1) Your use of Service and complying with third-party regulations (if applicable); (2) Your use of Device; (3) Your use or any persons using your Device; (4) Your method of submitting, posting, or transmitting data through the Service; (5) Your failure to provide accurate information in regards to enabled services on Your Device (reference “Location-Enabled Services” section); (5) Your failure to obtain permits, licenses, or consent (commercially) in activation or use of Services provided by Us; (6) Your refusal to accept the licensing requirements in the Software license section; (7) any failure or violation of the use of products and services in the vMobile Terms and Conditions; (8) Your failure to safeguard your personal information and passwords; (9) and Your refusal or failure to comply with any applicable law or regulations (i.e. state taxes, surcharges, fees etc.).

Intellectual Property

You agree not to infringe, misappropriate or injure the intellectual property rights of Vitelity, Onvoy, LLC, or any third party. Except for a limited license to use the Services or Devices arising from the sale of a product, Your purchase of vMobile Devices and Services does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of Vitelity or others related to the Services or Devices, which may be used only with vMobile Service unless expressly authorized by Vitelity. You agree that a violation of this section harms Us, which cannot be fully restored by money damages, and that Vitelity shall be entitled to immediate injunctive relief in addition to all other remedies available.

Other Important Terms

The vMobile Terms and Conditions is governed solely by the laws of the state of Colorado without reference to its choice of law principles. In the event any Party brings a civil action or initiates judicial proceedings of any kind related to these vMobile Terms and Conditions (except for actions to enter or collect on a judgment) the parties consent to the exclusive personal jurisdiction and venue of the state courts in Colorado and the prevailing party will be entitled to recover its costs including reasonable attorney’s fees.

Rights & Duties

Under the vMobile Terms and Conditions there are limitations to Your rights or duties and You are not permitted to assign the vMobile Terms and Conditions unless We agree to it in writing. Vitelity has the right to assign the vMobile Terms and Conditions at any time without giving you notice. In addition You may not resell Services or Devices to another party or export any Device, unless You have entered into a separate reseller license agreement with Vitelity. The entire vMobile Terms and Conditions entered into between Us encompasses the documents it incorporates; hereby, replacing any and all prior written or verbal vMobile Terms and Conditions made by any sales or service representative or documentation found to be contradictory to the vMobile Terms and Conditions. Beyond termination of Service(s) any rights, obligations, and commitments in the vMobile Terms and Conditions will continue. [Note: This entails 911 disputes, no class action and no jury trial, and those financial obligations regarding billing and payment.]

Unlimited Voice, Data and Messaging Plans

We provide a number of Service Plans that include unlimited Voice, Text, and Data Services. The term “unlimited” excludes unreasonable usage. The sole purpose of our unlimited features is to provide dialogue between two individuals (non-commercial). Misuse of our unlimited features may result in a disproportionate impact on network resources. To define “unreasonable usage”, We refer to the following actions: (a) transmission of broadcasts; (b) monitoring services for any personal or commercial use; (c) mass telemarketing via call center or phone marketing; (d) abnormal number of conference calls or a high level of messages; (e) autodialed calls; (f) abnormally long call durations (g) usage which is in the top five (5) percent of users for each Service across the vMobile network (h) operate hosting services and manage continual network connection to the Internet; (i) generate excessive amounts of Internet traffic; (j) intentionally download, stream, or upload a high volume and large files of data; (k) continually use to maintain web cameras or peer-to-peer file sharing or automated machine-to-machine connection; (l) disrupt email use by others through automated or manual routines; (m) transmit or facilitate any unauthorized promotional materials (aka “spam”) in single or bulk email communications; (n) for any unauthorized or illegal use of vMobile wireless services or other third party Internet based resources to enforce a “denial of service” (DoS) attacks against individuals or network host; (o) and/or for any device that connects or is tethered to for personal computers or other equipment purposely for transmitting wireless data over the network; (p) transmit abnormally long data or as a dedicated data connection; (q) or for any other reason that violates Our policies and provisions under “unlimited” Services for non-commercial usage. In the event you’re usage is considered unreasonable usage Vitelity may (1) request that You cease and desist the unreasonable usage, (2) throttle Your Service to a reasonable level as determined by Us, (3) terminate Your Service with three (3) days’ notice (4) or provide You with a usage based plan. [Note: The terms hereof may differ based upon the type of Service Plan used by the end-user. It is Our sole discretion to permit or prohibit certain "unlimited" voice, data, and messaging features.]

Acceptable Use Policy

Our Acceptable Use Policy can be found at www.vitelity.com and may be updated by Us without prior notice.

Written Notice

A written notice is required for Vitelity to act on any dispute charge or other concerns You may wish for Us to address (except as the vMobile Terms and Conditions specifically provides otherwise). Notice must be emailed to support@vitelity.com. In turn, We will send You a notice by correspondence to Your last known address in our records (includes fax number, email address, calling or texting your Device, voicemail, or any other means You have provided).