Terms of service

These Terms and Conditions apply to VoIP phone services provided by Telco Depot Corporation d/b/a TelcoDepot.com (“Telco Depot,” “Provider,” “we,” “us,” or “our”) to the customer (“Customer,” “End-User,” “you,” or “your”).

By activating or using our services, you confirm that you have read, understood, and accepted these Terms. You also confirm that you are at least 18 years old and legally able to enter into this agreement.

1. Terms and Conditions

These Terms replace any other terms provided by the Customer, including terms in purchase orders, specifications, or other documents. Any additional, different, or conflicting terms will not apply unless agreed to in writing by Telco Depot.

You agree to use the VoIP service in accordance with Telco Depot’s Acceptable Use Policy. Telco Depot may update the Acceptable Use Policy at any time without prior notice.

2. Service Term

Unless stated otherwise, the service is provided on a month-to-month basis. The service begins when you purchase the service and continues monthly until cancelled.

Each month automatically renews for the following month. You are responsible for all charges during the service period, including any unpaid charges after the service ends.

3. 911 Emergency Calling

Telco Depot’s VoIP service includes 911 dialing, but VoIP 911 service has important limitations compared to traditional phone service.

You must register the correct physical address where each phone number will be used. If you move your phone or device to another location, you must update your 911 address with Telco Depot.

If your 911 address is not updated, emergency calls may be routed to the wrong emergency center, and emergency personnel may be sent to the wrong location.

By using the service, you authorize Telco Depot to share your name, phone number, and registered address with third parties involved in providing 911 service, including call routers, call centers, and emergency centers.

VoIP 911 service may not work during power outages, internet outages, broadband service interruptions, network failures, or other technical issues. Telco Depot recommends using a proper battery backup or UPS system to help keep your internet and phone equipment working during a power outage.

The service is not designed for all non-voice systems, including some security systems, medical monitoring equipment, satellite systems, fax systems, and other out-dialing systems. You agree that Telco Depot is not responsible for interruption or failure of those systems.

If a 911 call is made from a phone number that does not have a valid 911 address on file, Telco Depot may charge $125.00 per call. These charges are non-negotiable.

4. Billing, Charges, and Payment

You must provide a valid payment method, such as a credit card or check. You authorize Telco Depot to charge you for all fees and charges related to your use of the service.

You are responsible for notifying Telco Depot of any changes to your payment information, including account number, expiration date, or billing address. Telco Depot is not responsible for bank fees, credit card fees, insufficient funds fees, or similar charges from your bank or card issuer.

All services are subject to credit approval or review by Telco Depot. Telco Depot may request credit information or assurance at any time and may discontinue credit at its discretion.

Telco Depot will send or make available a monthly online invoice. Charges may include activation fees, monthly service fees, shipping charges, disconnection fees, equipment charges, toll charges, taxes, and other applicable fees.

Monthly service fees are billed for the prior month of service. Other applicable charges are billed at the end of each monthly service period.

If payment is not received within 20 days of the billing date, Telco Depot may charge a $30 late fee. If payment is not received within 40 days of the billing date, Telco Depot may disconnect service without notice and/or send the account to collections.

If service is disconnected, all amounts owed become immediately due. Telco Depot may charge a $75.00 re-establishment fee to restore service. A valid credit or debit card may be required to reinstate service.

5. Billing Disputes

You must dispute any charge within 30 days of receiving the monthly online invoice. If you do not dispute the charge within that time, you waive your right to object to the charge.

6. Taxes

Prices may include applicable sales, state, local, or similar taxes where applicable.

7. Discounts and Promotions

Telco Depot may offer promotions or discounts from time to time. Promotion or discount codes must be used at the time of purchase or service change. You are not entitled to a later credit if the promotion was not requested or applied at that time.

8. Toll Charges

Calls to or from the public telephone network may be subject to toll charges based on the service plan selected. Calls involving SIP providers not affiliated with Telco Depot may also count as public telephone network minutes and may be subject to toll charges.

Domestic long-distance calls may be billed in six-second increments. International calls may be billed at the current published rates and may include a minimum call duration. Calls to Mexico may be rounded to the minute.

9. Telephone Numbers

Telephone numbers provided by Telco Depot are leased, not sold. You may not use a number with any device or service other than the equipment or service provided by Telco Depot unless Telco Depot gives written permission.

Telco Depot may change, cancel, or move a number at its discretion. If you ported your existing number into Telco Depot’s VoIP service, you may port the number out after termination if your account is in good standing.

10. Prohibited Uses

You may not use the service in any way that disrupts Telco Depot’s network, its vendors’ networks, or other users. You may not use the service for illegal activity, infringement of rights, network interference, or any activity inconsistent with normal residential or small business use.

You may not resell, transfer, or charge others for the service or equipment without Telco Depot’s written permission.

Prohibited activities include, but are not limited to, autodialing, robocalling, continuous or extensive call forwarding, continuous connectivity, fax broadcasting, fax blasting, telemarketing, or other high-volume or abusive use, unless specifically agreed to in writing by Telco Depot.

11. Unlimited Usage Plans

“Unlimited” usage includes local and long-distance calls to the United States, including Hawaii and Alaska, and to Canada. Unlimited usage includes up to 5,000 minutes. Usage over 5,000 minutes may be billed at $0.001 per minute.

Telco Depot may review usage of unlimited plans to prevent abuse. Unlimited plans are intended for normal voice calling only. Telco Depot may terminate service immediately if it determines that the service is being used abusively or in a way not intended by Telco Depot.

12. Changes to the Agreement or Service

Telco Depot may change these Terms, the service, or the service plan. Changes may be posted on Telco Depot’s website. Once posted, the changes are considered received by you and become binding on the posted date.

13. Termination

You must provide 30 days’ notice to terminate service. You are responsible for the full monthly service fee for the month in which termination notice is provided.

Telco Depot may suspend, terminate, or change the service without advance notice for any reason, including misuse of the service, breach of these Terms, failure to pay, suspected fraud, or activity that negatively affects the service, Telco Depot, its network, or other users.

Telco Depot has the sole right to determine what constitutes misuse of the service. Telco Depot may require an activation fee to change or resume a terminated or suspended account.

14. Privacy

Telco Depot uses the public internet and third-party networks to provide voice and video communication services. Because of this, Telco Depot cannot guarantee the security of voice or video communications.

Telco Depot respects customer privacy and will not sell, rent, or lease personally identifiable information to others.

Telco Depot may share personal information with business partners acting on its behalf to provide the services. Telco Depot may also disclose personally identifiable information when required by law, subpoena, court order, government agency request, law enforcement request, or as otherwise legally required.

15. Technical Support

Telco Depot will make technical support available by telephone and email for the services. Support for other applications or uses is not provided unless agreed to in writing.

16. Breach

If you breach these Terms, including by failing to pay amounts due, you agree to reimburse Telco Depot for attorney fees, court costs, collection costs, and other costs incurred to enforce Telco Depot’s rights.

Telco Depot may keep any deposits or other payments made by you.

17. Indemnification

You agree to defend, indemnify, and hold harmless Telco Depot, its affiliates, and its vendors from any claims or damages related to this agreement or your use of the service.

18. Disclaimer of Damages

Telco Depot and its vendors are not liable for special, incidental, indirect, punitive, or consequential damages. This includes damages such as loss of data, loss of revenue, loss of profits, or damages arising from the use or inability to use the services or products.

19. Warranty and Liability Limitations

The service is provided without warranties, whether express or implied, including implied warranties of merchantability or fitness for a particular purpose.

Telco Depot and its vendors are not responsible for unauthorized access to transmission facilities, equipment, data, files, programs, procedures, or information, regardless of whether the damage occurs through accident, fraud, unauthorized means, or other methods.

Any claim against Telco Depot must be made within 90 days of the event giving rise to the claim. After that time, Telco Depot has no liability.

Telco Depot’s liability is limited to repair, replacement, credit, or refund, at Telco Depot’s discretion. Telco Depot’s total liability will not exceed the amount paid by you to Telco Depot during the 12 months before the claim.

20. Phone Numbers and Web Portals After Termination

After expiration, cancellation, or termination of service, you must stop using any phone numbers, voicemail access numbers, or web portals assigned to you by Telco Depot or its vendors.

21. Software Copyright

Any software used or provided by Telco Depot in connection with the service is protected by copyright law and international treaty provisions. You may not copy the software or any part of it.

22. Notices

Telco Depot primarily communicates with customers by email. Notices will be sent to the email address provided by you during registration or later updated by you.

You are responsible for keeping your email address current. Email is used for important service, billing, and account notices. You are responsible for reading emails from Telco Depot in a timely manner to avoid service interruptions.

23. Force Majeure

Telco Depot is not responsible for delays or failures caused by events beyond its control, including acts of nature, fire, flood, accidents, riots, war, government action, embargoes, strikes, labor issues, equipment failures, supplier delays, or other difficulties despite Telco Depot’s best efforts.

24. Mandatory Arbitration

Any dispute or claim between you and Telco Depot related to the service, equipment, or this agreement must be resolved by arbitration before a single arbitrator through the American Arbitration Association under its Commercial Arbitration Rules.

Arbitration will be handled individually. You may not bring or join a class action in court or arbitration, and you may not seek to consolidate claims. You acknowledge that this arbitration provision waives your right to a jury trial.

25. Governing Law

This agreement is governed by the laws of the State of New York, without regard to conflict of law rules. You and Telco Depot agree to submit to the exclusive jurisdiction of courts located in the State of New York for matters related to arbitration awards or other litigation.

If any part of this agreement is found invalid, the remaining provisions will remain in effect. Any claim related to the service or this agreement must be filed within one year after the claim arises or it will be permanently barred.

26. Entire Agreement

These Terms make up the entire agreement between you and Telco Depot regarding the service and replace all prior or current written or oral agreements related to the service.

This agreement is binding on Telco Depot, the Customer, and their respective heirs, successors, and assigns.

27. Interpretation

No provision of this agreement will be interpreted in favor of the Customer or against Telco Depot simply because Telco Depot drafted the agreement.