Telifu | Voip Service

Terms of Use

These articles given herein below govern the terms under which Telifu, Inc, provides various communication services to you the customer (variously referred hereinafter as "you", "user" or "customer") .

1. Agreement. These terms and conditions constitute the entire agreement between you and us.

2. Retail Customer: You will be deemed a Retail Customer if you have bought the Service from any retail stores, agent or dealer duly appointed by us in this regard.

3. You do hereby warrant and represent by using the service or activating the service, that: a. You are of legal age b. You are legally capable of entering in to agreements such as this c. You have fully read the terms and conditions of this agreement

4. Nature of Service a. Term: The Service is offered on a monthly basis reckoned from the date of activation of your Service, starting from the activation date and ending before the same date in the following month. This agreement term shall renew automatically on a monthly basis unless we receive from you a written notice at least fifteen days before the start of the subsequent month stating clearly your request for discontinuance of the Service. The service is on monthly terms and no fees or charges paid for you for that month shall be refundable regardless of the date of sending "disconnection notice". If you do not provide the required 15 days notice, you will be liable to pay for the subsequent month as well. You may be responsible for next month's full charges, unbilled charges, plus a disconnection fee all of which will immediately become due and payable. You may have agreed in addition to a commitment period depending upon promotional plans if any under which you signed up for the Service, in such an event you will be responsible for the full charges due for the commitment period which becomes immediately due and payable. In addition to above if you disconnect service after initial term of Money Back Guarantee period but before the expiry of 12 months thereafter you will be charged a disconnect fee of $29.99 per phone line. b. Additional Term: On acceptance of any rebate or upgrade or free equipment or any other promotion there may be a term commitment associated with the benefit that you accepted. Your additional term begins from the date of activation of the benefit and ends on the last day of the commitment period. The period will be disclosed as per the promotion plan. If you disconnect service during the commitment term, you agree to pay us a recovery fee for the benefit you accepted. The recovery fees are cumulative and are over and above any charges or fees that you may owe TELIFU or fees or charges that you are required to pay to TELIFU upon disconnection of Service. Each recovery fee is an amount equal to the regular price of the benefit you accepted less the price you paid thereon. c. Change of Plan: You may request a change in the plan of service selected by you and the company may at its sole discretion grant your request subject to the following: i. You have no dues pending and your account is current. ii. You may be subject to a plan change fee of not more than $25 at the company's discretion. iii. The plan change will be effective immediately upon the Company informing you of the change of plan. iv. The difference in charges, if any, including plan change fees, will be reflected from the next month's invoice onwards. d. Home Use: Unless otherwise specifically mentioned, your Service is provided to you solely for residential use you may not sell, transfer, lease, and rent the service to any other party without written permission from us. You are prohibited from using the Service and Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including without exception and limitation, charitable, political, academic, polling, surveys), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately disconnect or modify your Service if we determine, in our sole and absolute discretion, that your use of the Service or the Device is, or at any time was, inconsistent with normal residential usage patterns. In addition you will be required to pay our higher rates for commercial service for all periods in which your use of the Service or the Device was inconsistent with normal residential use. e. Business Use: If you subscribed to TELIFU business, the Service and Device are provided to you as a small business user or business traveler. You may not resell or transfer or rent or lease the Service or the Device to another party without our written prior consent. You are prohibited from using the Service and Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including without exception and limitation, charitable, political, academic, polling, surveys), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately disconnect or modify your Service if we determine, in our sole and absolute discretion, that your use of the Service or the Device is, or at any time was, inconsistent with normal small business or business traveler usage patterns. f. Mega Business Use: If you subscribed to TELIFU mega business, the Service and the Device are provided to you as a mega business user. You may not resell or transfer or rent or lease the Service or the Device to another party without our written prior consent. You are prohibited from using the Service and Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including without exception and limitation, charitable, political, academic, polling, surveys), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately disconnect or modify your Service if we determine, in our sole and absolute discretion, that your use of the Service or the Device is, or at any time was, inconsistent with normal small business or business traveler usage patterns.

5. Prohibited Uses. a. Unlawful. You shall use the Service and the Device only for lawful purposes. We reserve the right to immediately disconnect your Service without notice, if, in our sole and absolute discretion, we determine that you have used the Service or the Device for an unlawful purpose. In the event of such disconnection, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a disconnection fee, if applicable, all of which will become immediately due and payable upon disconnection of your Service. If we believe that you have used the Service or the Device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, TELIFU will provide information in response to law enforcement requests, lawful government requests, subpoenas, court orders, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others. b. Inappropriate Conduct. You shall not use the Service or the Device in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any similar behavior. We reserve the right to immediately disconnect your Service without notice, if, in our sole and absolute discretion, we determine that you have used the Service or the Device in any of the aforementioned ways. In the event of such disconnection, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a disconnection fee, if applicable, all of which will become immediately due and payable upon disconnection of your Service. If we believe that you have used the Service or the Device in any of the aforementioned ways, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, TELIFU will provide information in response to law enforcement requests, subpoenas, court orders, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others . Furthermore, TELIFU reserves all of its rights at law and equity to proceed against anyone who uses the Services illegally or improperly.

6.Use of Service and Device by Customers outside the United States. Although we encourage you to use of the Service to place calls to foreign countries from within the United States and to use the TELIFU Service as you travel, we do not presently offer or support the Service in any countries other than the United States and India. TELIFU Service is designed to work generally with unencumbered high-speed internet connections. However, if the high-speed internet connection you are using is outside the United States and/or your ISP places restrictions on the usage of VoIP services, TELIFU does not represent or warrant that use of the TELIFU Service by you is permitted by any other jurisdictions or by any or all the ISPs. You will be solely responsible for any violations of local laws and regulations or violations of ISP terms of service resulting from such use. We reserve the right to disconnect your Service immediately if we determine, in our sole and absolute discretion, that you have used the Service or the Device in violation of laws of jurisdictions outside the U.S.

7. Copyright; Trademark; Unauthorized Usage of Device; Firmware or Software. a. Copyright; Trademark. The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on our websites are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All of our websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") are and will at all times remain our exclusive property. Nothing in this Agreement grants you the right or license to use any of our marks. b. Unauthorized Usage of Device; Firmware or Software. We reserve the right to prohibit the use of any interface device that we have not provided to you. You hereby represent and warrant that you possess all required rights, including software and/or firmware licenses, to use any interface device that we have not provided to you. In addition, you shall indemnify and hold us harmless against any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.

8.Tampering with the Device or Service. You shall not change the electronic serial number or equipment identifier of the Device or to perform a factory reset of the Device without our prior written consent. We reserve the right to disconnect your Service if we believe, in our sole and absolute discretion, that you have tampered with the Device. In the event of such disconnection, you will remain responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a disconnection fee, if applicable, all of which will immediately become due and payable. You shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.

9. Theft of Service. You shall not use the Service in a manner calculated to avoid TELIFU policies and procedures. You shall not obtain or use the Services in an improper manner. You shall notify us immediately, in writing or by calling our customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft, fraudulent use or unauthorized use of Service. Failure to do so in a timely manner may result in the disconnection of your Service and additional charges to you. Until such time as we receive notice of the theft, fraudulent use or unauthorized use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen, fraudulent or unauthorized use of the Service. TELIFU reserves all of its rights at law and equity to proceed against anyone who uses the Services illegally or improperly.

10. Return of Device
a. Retail Customers. A Retail Customer may only return the Device to the retail store, dealer or other provider from which the Retail Customer purchased the Device. All returns will be subject to the return policy of such retail store, dealer or other provider. We will not accept any Device returned to us from a Retail Customer. TELIFU will credit services fees if you call us within the Money Back Guarantee period. b. Non-Retail Customers. Non-Retail Customers may return the Device to us if 1) you cancel services within the Money Back Guarantee period and 2) you return the Device to us within thirty (30) days of the date you disconnected Service. TELIFU will also waive our 29.99 disconnection fee subject to the following. The Money Back Guarantee period only applies to the initial line ordered on your account, additional lines are excluded; Service is disconnected within the first thirty (30) days following the activation of the Service, activation occurs when you place your order for service; We receive the Device is in original condition, reasonable wear and tear xcluded; You return original proof of purchase with the Device, together with the original packaging, all parts, accessories, and documentation; Prior to returning the Device to us, you must obtain a valid return authorization number from our customer care department, which can be reached at support@TELIFU.com or 1-877-7-TELIFU; and You must pay all costs of shipping the Device back to us.

So long as you disconnect service within the Money Back Guarantee Period and return your equipment to TELIFU within thirty (30) days of disconnection, TELIFU will issue ONE disconnection fee credit to your account.If you receive cartons or Devices that are visibly damaged, you must note the damage on the carrier's freight bill or receipt and keep a copy. In such event, you must keep the original carton, all packing materials and parts intact in the same condition in which they were received from the carrier and contact our customer care department immediately at support@TELIFU.com or 1-877-7-TELIFU.

11. Number Transfer on Service Disconnection.
Upon the disconnection of your Service, we may, in our sole and absolute discretion, release to your new service provider the telephone number that you ported (transferred or moved over) to us from your previous service provider and used in connection with your Service if: such new service provider is able to accept such number;
your account has been properly disconnected;
your account is completely current, including payment for all charges and
applicable disconnection fees; and
You request the transfer upon disconnecting your account.

12. Service Distinctions.
The Service is not a telecommunications service and we provide it on a best efforts basis. This is not a telephony replacement service with no access to 911 or directly listings. Things beyond our control may affect the Service, such as power outages, fluctuations in the internet, your underlying broadband service. Other things may affect Service, such as maintenance. TELIFU will act in good faith to minimize disruptions to your use of and access to Service. Important distinctions exist between telecommunications service and the Service offering that we provide. The Service is subject to different regulatory treatment than telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.

13. Ownership and Risk of Loss. You will own the Device and bear all risk of loss of, theft of, casualty to or damage to the Device, from the time it is shipped to you until the time (if any) when it is returned to us in accordance with this Agreement.

14. No 0+ or Operator Assisted Calling; May Not Support x11 Calling. The Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls, 900 or calling card calls). The Service may not support 311, 511 and/or other x11 (other than certain specified dialing such as 911 and 411, which are provided for elsewhere in this Agreement) services in one or more (or all) service areas.

15. No Directory Listing. The phone numbers you obtain from us will not be listed in any telephone directories. As a result, someone with your phone number may not be able to utilize a reverse directory to lookup your address.

16. Incompatibility with Other Services.
a. Home Security Systems. The Service may not be compatible with home security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the Service.

b. Certain Broadband, Cable Modem, and Other Services. You acknowledge that the Service presently is not compatible with AOL cable broadband service, certain versions of TiVO, and there may be other services with which the Service may be determined to be incompatible. You further acknowledge that some providers of broadband service may provide modems that prevent the transmission of communications using the Service. We do not warrant that the Services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of the Service with any particular broadband service.

17. CHARGES; PAYMENTS; TAXES; DISCONNECTION
a. Billing. When the service is activated, you must provide us with a valid email address and a credit or debit card number from a card issuer that we accept. We reserve the right to stop accepting credit or debit cards from one or more issuers. If your credit or debit card expires, you close your account, your billing address changes, or your credit or debit card is cancelled and replaced on account of loss or theft, you must advise us at once. We will bill all charges, applicable taxes and surcharges monthly in advance (except for usage-based charges, which will be billed monthly in arrears, and any other charges which we decide to bill in arrears) to your credit or debit card, including but not limited to :activation fees; monthly Service fees; usage charges; international usage charges; advanced feature charges; premium services/Add-ons, equipment purchases; regulatory recovery fee; federal, state and/or local taxes; disconnection fees; and shipping and handling charges.

The amount of such fees and charges shall be published on our website and may change from time to time. TELIFU may introduce new products and services at special introductory pricing. Introductory pricing may change at TELIFU's discretion. Notification of monthly invoices will be sent to you via your email address on file with us. We reserve the right to bill at more frequent intervals if the amount you owe to us at any time exceeds $50. TELIFU bills usage charges in full minute increments that are rounded up to the next full minute unless otherwise set forth in the rate schedules found on our website. TELIFU bills fractional usage charges in full cents that are rounded up when the value is $.005 or more and down when the value is less than $.005, unless otherwise set forth in the rate schedules found on our website.

The above fees are defined as follows: Activation Fee - This fee covers charges for setting up your account and activating you on our system.

Monthly Service Fee - This is the basic charge associated with your service. This fee includes the calling charges defined by your plan; the features associated with your plan and basic account services.

Usage Charges - If you exceed the number of calling minutes on your plan, TELIFU will bill you for the minutes you use above your allowance. TELIFU also bills for calls to directory assistance and other information services.

Users get max 300 minutes per week of "unlimited calls", measured over the last 7 days and per unique IP address. If limit is exceeded the normal rates apply. Toll-free numbers will be charged at standard rates and are not included as a part of the plan listed. Only "1-877-7-TELIFU" toll-free number will not be charged when used by the customers to call TELIFU.

International Usage Charges - These are the fees associated with calls to locations outside of the US, Canada and Puerto Rico unless otherwise noted.Advanced Features, Add-Ons, Premium Services - TELIFU charges additional fees for enhanced features and services such as Virtual Phone Number and Softphone.

Equipment Purchases - In most instances, you will pay for equipment associated with your TELIFU service with your credit or debit card. However, there may be occasions when TELIFU will offer you the option to bill equipment to your account.

Regulatory Recovery Fee - A regulatory recovery surcharge of $0.99 applies to each phone number. TELIFU uses this fee to pay our regulatory-related fees and expenses, including taxes, number portability charges, and related legal fees.

Taxes - TELIFU is required to bill and collect local, state and federal taxes imposed on TELIFU customers by the various taxing authorities. TELIFU passes all taxes it collects on to the appropriate taxing authority.

18. Billing Disputes. You must notify us in writing within seven days after receiving your credit or debit card statement if you dispute any TELIFU charges on that statement or you will be deemed to have waived any right to contest such charges. All notices of disputed charges should be sent to: Customer Care Billing Department TELIFU Inc., 1256 Montcourse Lane, San Jose, CA 95131 Or- billing@TELIFU.com NO Chargeback. You agree that you will not without notifying us and waiting for a minimum period of 7 days from date of such notification of any billing dispute to hear from us initiate any chargeback, stop of payment or any other action with your credit card provider and/or bank or payment gateway including payment sites such as Paypal. You agree that in the event of you initiating such a chargeback or stop payment or dispute mechanism in contravention of these terms, the company may at its sole discretion do the following:a. Revoke all free/special offers made to you (including free hardware, free minutes, free monthly charges, 30 day free trial offer or any other offer,) and you agree that you will be liable to be billed at normal commercial rates for all the services from date of registration. b. Treat your chargeback as a request for cancellation and initiate a cancellation under these terms and conditions and the company will be entitled to consider all balance as immediately due and charge your card/account for the same without further notice.

19. Payment and Collection.
a. Payment. For every month's usage we shall raise invoice in the next month and the first invoice shall be after the expiry of any risk free trial period. The invoice shall be sent to you by e-mail only. You may request that the invoices to be mailed to you at an extra handling cost of $2 per invoice. The payment for the invoice will be collected against the credit/debit card you provide at the time of registration automatically.

The first invoice will include activation (setup) fees and shipping charges and that will be after thirty (30) days. Thereafter, billing will be on the second (2nd) day of every month and that will include plan fees and usage charges etc. If we can not collect payment against the card in our records you will be notified and you must pay the invoice in full within seven (7) days of such notice. Arrears of payment carry interest at such rates as may be decided by the company from time to time.

b. Acceptance of Cards. We only accept payment by credit or debit card. Your subscription to the Service authorizes us to charge your credit or debit card. This authorization will remain valid until 30 days after we receive written notice from you terminating our authority to charge your credit or debit card, whereupon we will charge your credit or debit card for the disconnection fee, if applicable, and any other outstanding charges and disconnect your Service. We may disconnect your Service at any time in our sole and absolute discretion if any charge to your credit or debit card is declined or reversed, your credit or debit card expires and you have not provided us with a valid replacement credit or debit card or in case of any other non-payment of account charges.

c. Delinquency. If your invoice payments are in arrears for more than 30 days your account is held to be delinquent and the company reserves the right to call for payment for the entire term agreed to along with cost of hardware if given to you free of charge and terminate service at its sole discretion.

d. Collection. If your Service is disconnected, you will remain fully liable to us for all charges pursuant to this Agreement and any and all costs we incur to collect such amounts, including, without limitation, collection costs and attorney's fees.v

e. Notices. You understand that it is difficult for TELIFU to distinguish between credit and debit cards. You agree to waive your rights under Regulation E to receive ten days advance notice from TELIFU regarding the amount that TELIFU will debit from your account. TELIFU may send you messages about your billing from time to time, but TELIFU is not obligated to do so. TELIFU may change or cease its messages at any time without notice to you.

20. Disconnection; Discontinuance of Service. We reserve the right to suspend or discontinue the Service generally, or to disconnect your Service, at any time in our sole and absolute discretion. If we discontinue the Service generally, or disconnect your Service without a stated reason, you will only be responsible for charges accrued through the date of disconnection, including a pro-rated portion of the final month's charges. If your Service is disconnected on account of your breach of any provision of this Agreement, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus the disconnection fee, if applicable, all of which will immediately become due and payable. TELIFU will pursue collection for unpaid amounts on disconnected accounts and may report to credit bureaus.

21. Taxes. State and local governments may assess taxes, surcharges and/or fees on your use of TELIFU service. These charges may be a flat fee or a percentage of your TELIFU charges and may change from time to time without notice. These charges are based on the rates applicable to the address you provided to us. You are responsible for all applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your credit card as set forth in this Agreement. If you are exempt from payment of such taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such certificate.

22. Disconnection Fee: You will be charged a disconnection fee of $9.99 per additional voice line (excluding the first line which has a disconnect charge of $29.99) if your Service is disconnected for any reason after the Money Back Guarantee period and within the first year following the activation of your Service. Plans can be downgraded at anytime by paying a downgrade fee of $9.99.There is no charge to upgrade to any plans.

23. Money Back Guarantee; Limitations and Conditions.
a. Residential, TELIFU Business Customers. We offer a thirty (30) day money back guarantee from the date of activation of your Service (different periods apply for Retail Customers depending on the applicable offer details contained in the advertising or online content of the retail store or dealer that sold the Retail Customer the Equipment). The money back guarantee applies only to the first-ordered line per account, not to additional or secondary lines. We will refund the activation fee, the monthly charge for the first month of Service, shipping charges and the disconnection fee provided that:

you have not exceeded 250 minutes of usage; you cancel your Service within the applicable period; you return the Device to us if purchased at www.TELIFU.com in original condition, normal wear and tear excluded, within thirty (30) days after the cancellation of your Service; the Device is returned in the original packaging with the UPC or bar code intact and is accompanied by all components, accessories, parts, manuals, registration cards and other documentation; and Prior to returning the Device to us, you obtain a valid return authorization number from our customer care department, which can be reached at sales@TELIFU.com or 1-877-7-TELIFU.

TELIFU may not be able to refund all federal excise taxes and any other applicable taxes. You will be responsible for any charges for international usage, payphone calls to TELIFU toll free numbers. We reserve the right to disconnect or revoke this money back guarantee at any time, without prior notice.

24. Disclaimer of Liability for Damages. IN NO EVENT WILL TELIFU, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.

25. Indemnification and Survival.
a. Indemnification. You shall defend, indemnify, and hold harmless TELIFU, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of the Service, relating to the Services.

b. Survival. The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.

26. No Warranties on Service. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE OR DEVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, AND DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER TELIFU NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES DEVICES, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF TELIFU'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY TELIFU OR TELIFU'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.

27. Device Warranties
a. Limited Warranty. Except as set forth herein, if you received a Device from us and the Device included a limited warranty at the time of receipt, you must refer to the separate limited warranty document provided with the Device for information on the limitation and disclaimer of certain warranties. Remedies for breach of any such warranties will be limited to those expressly set forth in such documentation.

b. No Warranty. IF A LIMITED WARRANTY DID NOT COME WITH YOUR DEVICE, YOU ARE ACCEPTING THE DEVICE "AS IS". YOUR DEVICE IS NOT ELIGIBLE FOR REPLACEMENT, REPAIR OR REFUND AFTER THE MONEY BACK GUARANTEE PERIOD.

c. Disclaimer. OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE AND THE RETAIL CUSTOMER LIMITED WARRANTY EXPRESSLY SET FORTH HEREIN, WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE DEVICE OR ANY FIRMWARE OR SOFTWARE IS "ERROR FREE" OR WILL MEET CUSTOMER'S REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE. DEVICE WARRANTIES DO NOT APPLY TO BUSINESS PLUS CUSTOMERS.

28. No Third Party Beneficiaries. No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

29. Content. You will be liable for any and all liability that may arise out of the content transmitted by you or to any person, whether authorized or unauthorized, using your Service or Device (each such person, a "User"). You shall assure that your and your User's use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. We reserve the right to disconnect or suspend your Services and remove your or your Users' content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform to the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. Our action or inaction under this Section will not constitute any review or approval of your or Users' use or content.

30. MISCELLANEOUS
a. Governing Law. The Agreement and the relationship between you and us are governed by the laws of the State of California without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with Section 5.2, you shall submit to the personal and exclusive jurisdiction of the courts located within the State of California and waive any objection as to venue or inconvenient forum.

b. Mandatory Arbitration and No Jury Trial. Any dispute or claim between you, any member of your household or any guest or employee of you and us arising out of or relating to the Service or Device will be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration will take place in Somerset, New Jersey. The arbitrator's decision will follow the plain meaning of the relevant documents, and will be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. All claims shall be arbitrated individually. You shall not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS IN, NEW JERSEY.

31. No Waiver of Rights. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

32. Entire Agreement. This Agreement, including any future modifications as may occur within the terms of the Agreement, and the rates for Services found on our website constitute the entire agreement between you and TELIFU and govern the use of the Service by you, members of your household, guests and employees. This Agreement supersedes any prior agreements between you and TELIFU and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.

33. Severability. If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

34. FUTURE CHANGES TO THIS AGREEMENT We may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on www.TELIFU.com. Such changes will become binding on you on the date they are posted to our website and no further notice by us is required upon your continued use of the Service. The Agreement as and when posted supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of the Device and also supersedes any written terms provided to Retail Customers in connection with retail distribution, including, without limitation, any written terms enclosed within the packaging of the Device.

35. PRIVACY TELIFU Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. TELIFU is not liable for any lack of privacy which may be experienced with regard to the Service. Please refer to our Privacy Policy at www.TELIFU.com for additional information.

Cancellation Policy
During Trial Period:
* Trial period includes 250 minutes of free calling to USA/Canada or 30 days of free calling, which ever comes first. Any international calls besides USA/Canada will be charged at standard rates. Call Customer service for more details on the rates.
* If cancelled within the free trial period, please return the VOIP adapter back to Telifu and your account will be closed. No charges will be assessed to the customer. We thank you for giving us an opportunity to serve you.
* If cancelled within the free trial period shipping costs to return the VOIP Adapter back to our stocking depot would be borne by Telifu. Please note, that it is expected that the VOIP Adapter is returned in original working condition excluding normal wear within 14 days of expiry of trial period.

After the Trial Period:
* If you cancel after the trial period, a processing fee of US $ 29.99 assessed to close the account.
* If you cancel after the free trial period shipping costs to return the VOIP Adapter back to our stocking depot would be borne by the customer. Please note, that it is expected that the VOIP Adapter is returned in original working condition excluding normal wear within 14 days of expiry of trial period.
* If not returned within 14 days, a recovery fee of $69.99 will be assessed.