Terms Of Service

Telepath, Inc. Terms of Service Agreement

  1. VoIP
    1. VoIP is an acronym that stands for Voice over Internet Protocol. This service is a best effort service that relies both upon the internet and your local intranet, which is out of the control of Telepath, Inc (hereafter “Telepath”). Under normal circumstances the service will provide a reliable and good quality communication path; however, the overall reliability of the circuit to always be available cannot be guaranteed. By establishing an account or using the services of Telepath, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy, and other policies. The following terms and conditions shall apply to all customers subscribing to Telepath VoIP Service. This Agreement is part of and shall be incorporated into the Acceptable Use Policy.
    2. In utilizing the Telepath VoIP Service, Customer agrees to adhere to the terms and conditions of the Acceptable Use Policy and this Agreement as Telepath may modify it from time to time.
    3. In the event of an inconsistency or conflict between the Acceptable Use Policy and this Agreement, the provisions of this Agreement shall govern.
  2. E911 Disclosure
    1. Telepath VoIP Telephone Service (including 911 calling) will not function during a power outage and may not function during network congestion. Use of 911 service is permitted only at a Telepath registered local phone exchange service address, otherwise 911 calls will not route directly to a 911 operator. Customers should secure an alternative to 911 service.
    2. VoIP 911 service is different from traditional 911. The Enhanced 911, or E911, service that is available to Telepath’ customers has the ability to deliver the address, name and phone number of your phone to the Public Service Answering Point (PSAP) in your County.
    3. This information is delivered from a database that requires up to 7 days to update once the new information is provided. If you move your VoIP phone to a different address, updating the E911 database requires additional effort on your part. For each phone line you must notify Telepath and register a physical address with Telepath.
    4. If you move, or move your VoIP service to a new physical address, it is your responsibility to notify Telepath of the new physical address at least 10 business days prior to moving the phone. Please make sure that the physical address on your Telepath Service Activation Form is the correct physical address where your phone will be used.
    5. If you do not provide Telepath with the proper address and require the use of emergency services, your E911 calls will appear with your old address information resulting in emergency crews being dispatched to the last registered physical address.
    6. Each physical location that you associate with your account will require an associated fee. This fee varies, but is generally around $3.00 per location.
    7. E911 surcharges will be charged on your monthly statement.
    8. VoIP equipment, such as telephones, ATA’s and associated network hardware do not work without power. In the event of a commercial power outage, your phone service will not work without you providing the electricity locally to power the equipment.
  3. Service Distinctions
    1. VoIP service is a unique form of telecommunications service that utilizes the public Internet to connect calls to the Public Switched Telephone Network. This service may be subject to different regulatory treatment than traditional telecommunications service.
    2. Events beyond our control may affect your service such as power outages, fluctuations in the Internet, and outages/issues with upstream backbone providers, etc.
    3. This service does not support 0+ or operator assisted calling, including collect calls, third party billing calls, 900 or calling card calls. Our service may not support x11 services in all calling areas (211, 411, etc).
    4. You acknowledge that our service may not be compatible with all non-voice communications equipment, including, but not limited to home security systems, satellite television systems, fax machines, computer modems, medical equipment, etc.
    5. By signing up for this service through Telepath, you waive all claims against interference or disruption of these services and equipment. We do not guarantee the service of modems and faxes over the VoIP system. Some devices work fine communicating with this type of service, while others do not.
    6. Telepath is required by law to cooperate with law enforcement and investigative government agencies. When a lawful request is made by a law enforcement or relevant government agency we may be required to disclose your name, phone number, location and other personal information about your account, use of service, length of service, IP address etc. to the requesting agency.
    7. International Calling: Current service plans include calling to the United States and Canada. International calling requires use of a pin to make international calls. International calls are disabled on all accounts by default. To enable International calling, you must request the service to be enabled in writing. Fraudulent calls placed on your account are the responsibility of the account holder. International rates vary by country.
    8. Overage of minutes: Our standard unlimited plan includes up to 1000 minutes of calling, combined inbound and outbound, to the US and Canada per month, per call path. Charges of up to $0.10 per minute may be applied to any account exceeding the 1000 minute per month cap. Partial minutes are rounded up to the next full minute.
  4. Devices: Telepath, Inc retains ownership of all VoIP telephones. In event of service or contract termination, you will be required to return equipment in good working order to our corporate office within 3 business days of service termination. Equipment that is not returned will be billed to your payment method on file.
  5. Billing
    1. Electronic billing is done once per month; full payment is due on receipt. Payments can be mailed to our office or automatically billed to a credit card or by debit of a checking account (ACH). Complete payment and account history can be accessed through Telepath’ online portal, found at https://portal.Telepath.com.
    2. We will only give account information to the registered account holder. Please make sure to add additional account contact names to the application, or request in writing, if you want others to have access to changing the account in any way. Please only include trusted personnel to those granted access to your Telepath account.
    3. Payment Policies and Terms: Payment by Subscriber shall be due to Telepath when the invoice is received. A late payment fee shall be assessed on any account not paid within 30 days.
    4. Accounts remaining unpaid for sixty (60) or more days shall be deemed delinquent. Delinquent accounts shall be placed on “accounting hold” and services to the Subscriber shall be suspended until the account is paid in full. For any subscribers’ account that has been placed on suspended service, there shall be due a Fifty Dollar ($50.00) reconnection charge to reactivate Subscribers Services after the arrearage has been paid.
    5. In the event any balance is not paid as agreed, account holder agrees to pay any applicable collections fees. In the event of a lawsuit to collect the unpaid balance, the account holder further aggress to pay court costs and reasonable attorney’s fees.
    6. A Thirty Five Dollar ($35.00) fee will be added to the subscriber account in the event of any bank returned check. In the event that more than one check is returned, we will only accept cash, credit card or certified funds for payment on the account.
  6. Termination
    1. Subscribers that are no longer under their initial term may terminate this Agreement by submitting a written request for termination to the Telepath corporate office. Requests received prior to close of business shall have a termination date of the next business day. Subscribers that are within their initial term may terminate the Agreement by paying an Early Termination Fee equal to the full amount of the remaining months of the term, less communications taxes.
    2. Subscribers that terminate accounts prior to contract maturity without paying an Early Termination Fee or without returning VoIP telephones will forfeit all telephone numbers in the Telepath portal and the telephone numbers will become the property of Telepath.
    3. Without prior notice, Telepath may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if Telepath, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable user policies, or if you fail to pay any charges when due.
    4. Telepath may provide termination notice to you by US Mail to the address you provided for the Services. Termination by Telepath for violation of Telepath Acceptable Use Policy shall be subject to the termination fee as described above.
  7. Additional Fees: In the event that special construction or networking is needed or requested by the customer to support Telepath VoIP service, additional technical labor is billed at $95.00 per man-hour.
  8. Equipment and Scope of Work
    1. Unless purchased, all equipment, modems, subscriber modules, antennas and standard mounting equipment will at all times remain the property of Telepath. Subscriber may not sell, transfer, lease, encumber or assign all or part of the equipment to any third party.
    2. Subscriber shall pay for the full retail cost of, or the repair or replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased encumbered or assigned equipment or part thereof, together with any costs incurred by Telepath in obtaining or attempting to obtain possession of any such equipment.
    3. On expiration or termination of this Agreement, Subscriber will return equipment that is owned by Telepath. Customer will be billed retail prices for any/all equipment not returned when service is cancelled by either party.
  9. Agreement Updates: This Terms of Service Agreement may be updated from time to time. It is the Subscribers responsibility to check this webpage at least once every 30 days for changes and updates.
  10. Entire Agreement: This Agreement constitutes the entire Agreement between the parties and no other representations or statement will be binding upon the parties. If any part of the Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Agreement shall remain in full force and effect.