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IPClear Networks Terms & Conditions:
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ELECTRONIC COMMUNICATIONS
This statement complies with Federal E-Sign, Browse-Wrap, and California Internet Laws.
When you visit IP Clear Network’s websites, Online Services, or send Email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you via Email or by posting notices, disclosures, or changes on this site. You agree that all agreements, notices, contracts, and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
OFFER, ACKNOWLEDGEMENT AND ACCEPTANCE
Any prices, quotations, and descriptions, made or referred to on this Site and Stores are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior our express acceptance of your order. All custom orders are considered final, unless authorized by an IP Clear Networks Manager Representative, which then will incur restocking fees, less shipping and handling, and all invoiced service charges. In additional, services may be required to be paid in full before a credit of return can be issued. While we make every effort to ensure the accuracy of the items, pricing, and services appearing on this Site and Stores are available, we cannot guarantee that all items are in stock or immediately available when you submit your order. We may reject your order (without liability) if we are unable to process or fulfill it. If this is the case, we will refund any prior payment that you have made for that item. An order submitted by you constitutes an offer by You to Us to purchase the Product, Service, and/or subscription on these conditions. At the time of such acceptance by IP Clear Networks an automatic Email acknowledgement of your order will be generated. We may keep records of all orders that are placed, received, acknowledgments, acceptances, and other contract records for a reasonable period after Acceptance. We may be able to provide you with copies on written request within the first 30 days, however, You must make sure you print a copy of all such documents and these Conditions for your own records.
COPYRIGHT
All content on this Site and Stores, such as text, graphics, logos, button icons, images, data compilations, and software, is the property of IP Clear Networks and is protected by international copyright laws. The compilation of all content on this site is the exclusive property of IP Clear Networks and is protected by international copyright laws. All Software used on this Site or Stores is the Property of IP Clear Networks and is protected by international laws.
WARRANTY OF SERVICES
IP Clear Networks shall not be held liable for any delay or failure to provide service(s) at any time. In no event shall IP Clear Networks, it’s Officers, Directors, Employees, Shareholders, Affiliates, Agents, Contractors, or Providers who furnishes services to customer in connection with this Agreement or the Services be liable for any direct, incident, indirect, special, punitive, exemplary, or consequential damages, including but not limited to loss of data, lost of revenue, profits, or anticipated profits, or damages arising out of or in connection to the use or inability to use the Service(s). The limitations set forth herein apply to the claimed founded in Breach of Contract, Breach of Warranty, Product Liability, Tort, and any and all other liability and apply whether or not IP Clear Networks was informed of the likely hood of any particular type of damages. IP Clear Networks makes no warranties of any kind, written or implied, to the Service(s) in which it provides.
SERVICES & CONDITIONS
You will automatically receive a 30-day or 600 minute or whichever comes first. Your trial begins immediately upon placement of your order. You will be billed for all applicable Sales, State, Federal, and E911 taxes & charges. Your subscription is billed monthly for 2 consecutive years, thereafter your subscription will be automatically renewed and billing monthly for 1 year. Unless otherwise indicated in your invoice or by an IP Clear Networks Management. Prior to your expiration of the trial period, You may cancel your subscription by calling IP Clear Networks at (209)230-5750. Should you fail to cancel your subscription within the first 30 days of service or if you have not exceeded the 600 minutes, Your 2 year service agreement will start immediately. Upon cancellation of your service, you are required to return the equipment post marked within your trial period to IP Clear Networks, 731 E. Yosemite Ave, Ste B #131, Merced, CA 95340.
SERVICE LIMITATION & PROVISIONS
IP Clear Networks communication services are not intended for the sole primarily use as a PSTN for business or residential users. IP Clear Networks unlimited local Direct Inward Dialing, Inbound, Outbound (US & CA) packages are intended for residential use only. IP Clear Networks unlimited rate plans include the use of 2 simultaneous channels and include a maximum of 4000 inbound and outbound minutes per month. IP Clear networks retail accounts are limited to a maximum of 10 simultaneous channels. These limitations may be increased per request at the sole discretion of IP Clear Networks management. Business communications require a dedicated source of Internet connection; which shall be established at the cost of the customer. IP Clear Networks does not provide support on shared networks, Internet, or conflicts resulting in shared Internet or Networks, where IP Clear Networks provides their source of communications. IP Clear Networks does not allow calls to or from payphones to Toll-Free numbers on our network. Any call placed to Google Directory Assistance (411) shall comply with Google’s Directory Assistance separate Terms & Conditions. Any calls placed to Directory Assistance other than Google’s (1-XXX-555-1212) including Toll-Free numbers (1-800-555-1212) will incur $0.99 to $1.99 per call charge as the call will be routed to our National Directory Assistance call center. At IP Clear Network’s sole discretion, you may incur a port away fee for any Direct Inward Dialing number(s) leaving IP Clear Network’s network as this is a pass-through charge from IP Clear Network’s underlying carrier(s). All calls placed through IP Clear Network’s to the Network, to US & Canada destinations are billing at 60 second increments, unless otherwise stated. All calls placed through IP Clear Network’s to the Network, To International destinations are billing at 60 second increments with a 120 second minimum unless otherwise stated. Use of IP Clear Network’s service(s) for telemarketing, broadcast faxing, delivery of unauthorized or unsolicited advertising, promotional materials or solicitations is strictly prohibited. Failure to abide by these Terms & Conditions will result in immediate account termination. Customer agrees to the exclusive jurisdiction of the courts of Merced County in the State of California in the United States for any and all legal matters. Violations of any State or Federal Laws or Laws for any competent jurisdiction may result in immediate account termination and/or disconnection of the offending service(s). IP Clear Networks reserves the right to terminate Service(s) at any time with or without notice; especially if Customer is founded to be in violation of IP Clear Networks Terms & Conditions. You agree that IP Clear Networks shall not be liable to You or to Any party for any modification, Suspension or discontinuance of service. Due to the nature of this industry and high credit card fraud rate, IP Clear Networks 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, Drivers License, or any other Government issued identification.
ACCOUNTING, BILLING, AND PROCESSING
You authorized IP Clear Network’s affiliated staff, members, and employees to initiate debit/credit entries to your banking institution account or credit card as indicated upon sign-up and enrollment. This authority is to remain in full force and effective until you cancel your completed subscription. If your payment is not collected by debit/credit card within 30 days of the due date, your subscription will be either suspended or terminated. If account receives suspension notification or termination, your IP Clear Networks account may incur additional fee’s to re-activate your subscription. If you wish to cancel and not continue being billed, you must call IP Clear Networks billing and cancellation department. You expressively agree to the automatic monthly billing set forth herein. You expressively agree to honor all incurred charges, late fees, early termination fees, and unpaid balances or other fees due in association with your subscription.
PRODUCT CONFIGURATIONS & PROVISIONING
IP Clear Networks telecommunication services are not intended for the novice user. All services are to be repaired, altered, modified, and configured by an authorized IP Clear Networks representative. IP Clear Networks does not offer any technical assistance for all third party voice software or hardware devices. This includes Voice Servers, Switches, Network Phones, or Voice Adapters.
RETURNS, REFUNDS, AND CANCELLATION POLICIES
You may cancel your subscription at any time by calling Billing Department at 1-209-230-5750 Monday thru Friday 8:00 AM to 5:00 PM PST. You may cancel your subscription at anytime during the initial 30-day trial or thereafter and all unpaid balances, applicable Sales, State, Federal, E911, and Cancellation charges are non-refundable. You explicitly agree to the following statement: “I UNDERSTAND THAT I WILL BE LIABLE FOR PAYMENTS OF FUTURE GOODS AND SERVICES UNDER THE TERMS OF THIS AGREEMENT IF I FAIL TO NOTIFY IP CLEAR NETWORKS NOT TO SUPPLY SUCH SERVICES AS DESCRIBED.” We do not offer refunds for monthly subscriptions and on Direct Inward Dialing or Toll-Free Numbers. There will be no refunds for one-time/setup fees. (Custom Networks, Servers, Toll-Free Numbers, and Direct Inward Dialing)
SITE POLICIES, MODIFICATION & SEVERABILITY
We reserve the right to make changes to our site, policies, and these Terms & Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
DISPUTE RESOLUTION
You agree that any dispute fee will not be charged back to your credit card issuer. You expressly agree to submit in writing any objection regarding fees to 731 E. Yosemite Ave., Suite B #131, Merced, CA 95340. IP Clear Networks, in its sole discretion, shall determine the validity of your subscription and notify you of its decision. Should you disagree with IP Clear Networks decision, you agree to mediate the dispute before litigation. Please send reports of activity in violation of these Terms & Conditions to abuse@ipclearnetworks.com. IP Clear Networks will reasonably investigate incidents involving such violations. IP Clear Networks may involve and will cooperate with law enforcement officials if any criminal activity is suspected. Violations may involve criminal and civil liability.
EMERGENCY SERVICES & STABILITY
Due to recent pursuant FCC rulings and regulations, all customers who are using IP Clear Networks 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 services are not available to every location within the United States at this time. For locations 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. IP Clear Networks 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 calls. By using IP Clear Network's Enhanced 911 service, Customer agrees that IP Clear Networks, it's contractors, executives, members, customers, agents, employees, carriers, 911 providers, and any anyone else associated with IP Clear Networks is not held liable for emergency calls failing, even if it is determined that it is the fault of IP Clear Networks or it's associates. Customer further agrees that they will notify their Customers, contractors, agents, employees, associates, shareholders, partners, and anyone who may use the IP Clear Networks 911 service of our limitations and make Customers agree to not hold IP Clear Networks or Customer liable. Customer will be charged a regulatory recovery fee of $2.50 per month for each DID submit to the e911 database. This fee is non-refundable. Failure to enable e911 service will result in a non-refundable $85 surcharge per 911 calls.
PRIVACY POLICY
For policy procedures about collection and use of your information, please refer to IP Clear Networks Privacy Policy, which is available at www.pclearnetworks.com/privacy.php or by contacting IP Clear Networks at 1-888-883-8693.
LEGAL INFORMATION
Please contact our Legal Department at legal@ipclearnetworks.com
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IP Clear Networks provides IT Services, VOIP PHONE Services for business and residential customers, as well as business services in Merced, Fresno, Atwater, & Stockton.
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