Last updated: July 16, 2015
This agreement ("Agreement") is between Seawolf Technologies Inc. (“Seawolf”) and an end user (“you”) or ("Customer") of Seawolf VoIP phone service, branded in certain states, countries, and territories as “17IP”. This agreement governs both service and any devices, such as any IP telephones, analog telephone adapter or any other IP connection device or related products or services ("Service"). All Services are governed by the terms and conditions of this Agreement. ANY CONFLICTING OR ADDITIONAL TERMS AND CONDITIONS ON ANY DOCUMENT RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT ARE HEREBY REPLACED BY THIS AGREEMENT. By activating the Service, you acknowledge that you have read, understood and agree to and accept the terms and conditions set forth in this agreement and that you are of legal age to enter into this agreement. The rates and charges for the Service are effective as of January 1, 2013, can be found at https://www.17IP.com/site/rates or such other website as may be designated by Seawolf from time to time (“Seawolf’s Rate Page”), and are subject to change. If you have questions about your services, contact Seawolf Technologies Inc. or your sales agent.
1. Term. Service is offered on a month to month basis and begins on the date Customer activates Services and is automatically renewed monthly. However, Customer and Seawolf may cancel at any time without penalty subject to the terms and conditions contained herein.
2. Satisfaction Guarantee. Seawolf offers the Customer a 30 Day Satisfaction Guarantee. If the Customer is unhappy with the service for any reason, the Customer may cancel the Service within 30 days of initiation of the Service (the “Trial Period”). The monthly fee (except the first 30 days), equipment fee and taxes on the equipment will be refunded to the customer. The equipment must be returned in its original box and be returned with all the original packaging and components intact within 14 days from the termination. The Customer is responsible for all calls made over the Seawolf network and all shipping costs to return the equipment to Seawolf. THE MONEY BACK GUARANTEE WILL NOT BE HONORED IF THE CUSTOMER FAILS TO MEET THESE REQUIREMENTS. Seawolf can be reached at 1-800-508-3315 for help in returning equipment.
3. EMERGENCY SERVICES - 911 DIALING
3.1 911 Dialing. Seawolf 911 Dialing is different than traditional 911 service. Most of our customers have access to Enhanced 911 (E911) service. With E911 service, when you dial 911, your telephone number and registered address is simultaneously sent to the local emergency center assigned to your location, and emergency operators have access to the information they need to send help and call you back if necessary. In some cases, the local emergency operator answering the call will not have your call back number or your exact location, so you must be prepared to give them this information. Until you give the operator your phone number, he/she may not be able to call you back or dispatch help if the call is not completed or is not forwarded, is dropped or disconnected, or if you are unable to speak. As additional local emergency centers become capable of receiving our customers' information, Seawolf will automatically upgrade customers to E911 service. Seawolf will not give you notice of the upgrade. The service is backed with a 24x7 emergency call center used for manual routing of emergency calls over the VoIP network. A VoIP call that can not automatically locate the appropriate public-safety answering point (PSAP), based upon the caller's telephone number and address, will be redirected to the Manual Emergency Call Relay Center for real-time human interaction with the calling party. Examples of situations where 911 calls will be sent to the national emergency call center include when there is a problem validating a customer's address, and the customer is identified with an international location. You authorize us to disclose your name and address to third-parties involved with providing 911 Dialing to you, including, without limitation, call routers, call centers and local emergency centers.
3.2 Notify All Users. You should inform any employees and other third persons who may be present at the physical location where you utilize the Service of the important differences in and limitations of Seawolf 911 Dialing as compared with basic 911 or E911.
3.3 Registration of Physical Location Required. For each phone number that you use for the Service, you must register with Seawolf the physical location where you will be using the Service with that phone number. When you move the Device to another location, you must register your new location. If you do not register your new location, any call you make using the 911 Dialing feature may be sent to an emergency center near your old address. You will register your initial location of use when you subscribe to the Service. Thereafter, you may register a new location by following the instructions from the 'E911 Service' link on your web account page.
3.4 Service Outages. 911 Dialing service will not function under the following circumstances:
3.5 Re-Activation Required if You Change Your Number. 911 Dialing does not function if you change your phone number, unless and until you successfully register your location of use for each changed phone number.
3.6 Disclaimer of Liability and Indemnification. We do not have any control over whether, or the manner in which, calls using our 911 Dialing service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither Seawolf nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 911 Dialing service. You shall defend, indemnify, and hold harmless Seawolf, 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 relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel.
3.7 Alternate 911 Arrangements. If you are not comfortable with the limitations of the 911 Dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or terminating the Service.
4. Equipment and Devices. To provide Services, Seawolf sells equipment or IP devices to Customer ("Equipment"). All shipments are F.O.B. Seawolf’s facilities. You shall be the owner of the Equipment, and bear all risk of loss for theft, casualty, or damage to the Equipment from the time it is shipped. Customer agrees not to change any serial number or Equipment identifier, or to alter any Equipment without the express written consent of Seawolf. Seawolf reserves the right to terminate Customer's service should you tamper with the Equipment and you will be responsible for all charges in the then current service period plus a disconnection fee.
5. Purchase of Service. For the monthly price designated in Customer’s Order Form, and subject to this Agreement’s terms and conditions including Seawolf’s Reasonable Use Policy, Customer hereby purchases per extension per month 1) unlimited incoming minutes, and 2) unlimited outgoing “free” minutes to the US, Canada and additional countries as listed on Seawolf’s Rate Page. Countries to which calls are counted against the unlimited minutes of “free” outgoing usage are marked “free” on Seawolf’s Rate Page. Calls by Customer to other countries will be charged at the applicable rate as listed on Seawolf’s Rate Page.
6. Reasonable Use Policy. Seawolf's business service is a single business (not multi-business) voice service. It is engineered to process and deliver traffic profiles and utilization levels of our typical business customers' calling patterns (hereafter also referred to as "normal" business use). Over 95% of Seawolf's unlimited business calling plan customers conform to normal business use in that they do not have unusual usage patterns in terms of unique numbers called, call lengths, call forwarding/transferring, conference calling, short duration calls, number of calls made during a month, number of calls made to a conference calling service during a month, number of calls terminated and re-initiated consecutively, which, in the aggregate, result in excessive call lengths during a specific time frame; or other abnormal calling patterns indicative of an attempt to evade enforcement of this Reasonable Use Policy. Customer’s usage of the Service must be consistent with such normal business use and excludes uses such as robot-calling, call-center calling, calling to a single location, fax/voice blasts, use by unaffiliated business entities, etc. Seawolf reserves the right to monitor usage for possible abuse of service. Customer agrees to use the Service and Equipment only for lawful purposes. Customer agrees not to use the Service for any communication of any kind which in Seawolf’s sole discretion would constitute a criminal offense or otherwise constitute a violation of any local, state, federal or international law or encourage conduct which would violate any such law. Customer agrees not to use the Service for any communication of any kind which in Seawolf’s sole discretion would be obscene, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, malicious, infringing, or invasive of another's privacy. Customer agrees not to interfere with other customers' or third-parties' use and enjoyment of the Service or use the Service in any manner which disrupts, prevents or restricts any other customer from using the Service. Customer may not resell or transfer the Services or the Equipment to any other person without the prior written consent of Seawolf, which consent may be withheld in Seawolf's sole discretion. Customer understands and agrees that the Service is not a telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the Service offered by Seawolf. The Service is subject to different regulations than telephone service. This treatment may limit or otherwise affect your rights to redress before Federal or State agencies. Seawolf reserves the right to add to, modify or amend this Reasonable Use Policy at any time for any reason in its sole discretion.
7. Charges, Billing and Payment
Credit Card Payment. Seawolf accepts payments by credit card. Customer must provide to Seawolf a valid credit card number and valid related information from an accepted issuer. Your initial use of the Service authorizes Seawolf to charge the credit card number ("Credit Card") for all charges arising from Customer's use of the Services. The Customer shall notify Seawolf of any change to the Credit Card information including, without limitation, changes in account number, expiration date and billing address.
Toll Charges. All calls using the Services are subject to the then applicable international rates published on the Seawolf website. Calling to certain countries does not create a Toll Charge. These are marked as “Free” on the Seawolf website. The duration of each call will be calculated in one minute increments.
Invoicing. A monthly on-line invoice will be provided by Seawolf for Services and all charges invoiced will be billed to the Customers Credit Card. Charges shall include, monthly service fees, equipment purchases, shipping charges, usage fees, disconnection fees, Toll Charges, taxes and all other applicable charges. Monthly service fees are paid in advance of each month's Service. Toll charges, usage and other applicable charges are billed at the end of each service month. If applicable, deposits are charged at the time of purchase. Seawolf reserves the right to charge the Customer's Credit Card at any time during a service month if Customer's toll charges exceed $30.00. Billing for monthly service fees, deposits and other applicable charges commences upon purchase of Services. The first month's monthly service fees will be prorated to take into account any partial month of Service. Activation occurs when Customer's Equipment is registered to Seawolf systems ("Activation").
Telephone Numbers. Any telephone numbers provided by Seawolf to the Customer shall be leased and not sold. Should the Customer terminate its Service, the Customer may transfer such telephone numbers to another service-provider in cooperation with Seawolf. The Customer should contact Seawolf for directions related to how to do this.
Billing Disputes. The Customer must dispute any charges for the Services within thirty (30) days of receipt of the monthly on-line invoice. The Customer understands and agrees that their failure to dispute any charges within the thirty (30) day time period constitutes a waiver of all claims to any dispute.
Late Payment - Non-Payment. Seawolf reserves the right to suspend or discontinue the Service at any time and for any reason including but not limited to nonpayment. In the event of nonpayment, all accrued charges shall immediately be due and payable, including a late fee of the lesser of 1.5% or the maximum allowed by law. Customers will be charged a fee of ten dollars ($10.00) if charges cannot be processed to the Credit Card. Neither suspension nor termination shall relieve the Customer from the obligation to pay all amounts owing under this Agreement.
Taxes. Prices, rates and fees for Service and Equipment do not include sales, use, excise, local, federal or state, value added, customs duties, public utility or other similar taxes. The Customer will pay all such taxes, which are applicable, and they will be added to any amounts otherwise owed by the Customer under the Agreement. No taxes shall be included in any refund to Customer under the Agreement.
Credits. The Customer acknowledges and agrees that the Services are provided "as is, where is". No credit allowances shall be made for interruption of Service.
Promotions. Seawolf may, in its sole discretion, from time to time offer promotions or discounts. The Customer must enter any promotion or discount codes upon initial purchase of the Services to receive the promotion or discount.
8. Termination of Service. Seawolf reserves the right to suspend or discontinue the Service at any time and for any reason including but not limited to violation of its Reasonable Use Policy. If the Service is terminated by Customer before the end of the Term, Customer will be liable for all charges accrued through the date of termination plus the Disconnection Fee as set forth in Section 9 below. All such charges shall be immediately due and payable.
9. Disconnection Fee. WAIVED.
10. Changes to the Agreement, Services or Plan. Seawolf reserves the right to change the Agreement, Services or Plan at any time ("Change"). Changes will be sent to Customer thirty days before the effective date of the Change. Notice is deemed received by Customer and Changes will be binding to the Customer on the date such Change(s) is / are posted on the website. The Customer is deemed to have accepted the Change(s) unless the Customer terminates the Service prior to the effective date of the Change or uses the Service after the effective date of the Change. If Customer elects to terminate the Services, the Customer will be liable for all amounts due up to and including cessation of service. The Customer may, at any time, request a change of Plan subject to charges associated with such change of Plan. Seawolf may change its prices for Services or Plans without prior notice to Customer.
11. Technical Support. Technical support for Services and Equipment will be provided by Seawolf during normal business hours as described in this Agreement.
12. Limitation of Liability, Warranty and Indemnification. THE CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT SEAWOLF TECHNOLOGIES INC., ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, PARTNERS, AGENTS, NETWORK SERVICE PROVIDERS, OR EMPLOYEES SHALL NOT BE LIABLE TO THE CUSTOMER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR CONTENT, OR ARISING OUT OF 9-1-1 OR OTHER EMERGENCY DIALING IN CONNECTION WITH CUSTOMER'S USE OF THE SERVICES OR EQUIPMENT PROVIDED UNDER THIS AGREEMENT. SEAWOLF MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY ABOUT ITS SERVICES OR EQUIPMENT AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OR IMPLIED WARRANTIES OF MECHANTABILITY OR FITNESS FOR A PARTICLUAR PURPOSE OR USE. SEAWOLF HAS NOT AUTHORIZED ANY PERSON OR ENTITY TO MAKE WARRANTIES ON ITS BEHALF AND CUSTOMER MAY NOT RELY ON ANY STATEMENT AS A WARRANTY BY SEAWOLF. Liability. The customer understands that Seawolf will not be liable for any failure of performance due to any causes beyond its control or for any internet interruption, power outage, or Equipment failure, delay in installation, activation or commencement of the Service. Seawolf liability shall be limited to the lesser of actual damages or one thousand dollars $1,000. Seawolf will not be liable for any act or omission by any other person or entity furnishing services or products related to the Services or Equipment or for damages associated with Service or Equipment that Seawolf does not provide. Indemnification. Customer hereby agrees to indemnify and hold harmless Seawolf and its officers, directors, shareholders and affiliates from and against any and all claims, damages and/or liability arising out of the Services or Equipment, including, without limitation, claims for libel, slander, invasion of privacy or infringement of copyright arising out of material, data or information transmitted via the Services and claims arising out of any intentional act or omission by Customer or others authorized by Customer to use the Service.
13. Copyrights and Patents. All material utilized or provided by Seawolf in connection with the Services or Equipment (including but not limited to all content, logos, trademarks, service marks, software, accounts, patents, and copyrights) shall be and at all times remain the sole property of Seawolf and are protected by law and international treaties. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way without Seawolf's prior written permission.
14. Force Majeure. Seawolf shall not be liable for any delay in performance caused by acts of God, natural disasters, accidents, strikes, riots, war, government actions, equipment or power failures or any other cause beyond its control.
15. Assignment. The Customer may not assign or transfer this Agreement or its obligations hereunder in whole or in part. Seawolf may assign this Agreement at in time and in its sole discretion.
16. Privacy. Seawolf collects information from our users at different points on our web site and on our order form, such as name, email, shipping address, and credit card information. This information is used for billing purposes and to fill customer's orders. If we have trouble processing an order, the information is used to contact the user. Information collected is used only for setting up service and conveying information about user accounts and upcoming features and benefits of Seawolf programs. Seawolf takes appropriate precautions to protect our users’ information. When users submit sensitive information via the web site, their information is protected both online and off-line.
We store information that we collect through cookies, log files, clear gifs, and/or third parties to create a profile of our users. A profile is stored information that we keep on individual users that details their viewing preferences. Consequently, collected information is tied to the user’s personal information to provide offers and improve the content of the site for the user. This profile is used to tailor a user's visit to our Web site, and to direct pertinent marketing promotions to them. We do not share your profile with other third parties.
Like most standard Web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personal information.
On occasion it is necessary to send out service announcements or information related to your account, such as receipts, confirmation emails or customer service/product updates that are part of providing the service to you. For instance, if our service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.
We communicate with users on a regular basis to provide requested services and in regards to issues relating to their account. We reply via email or phone, in accordance with the user's wishes. You authorize our monitoring and recording of your calls to us concerning your Account or the Services and you consent to our contacting you from time to time by means of (a) automatic dialing equipment, or (b) your Seawolf voicemail box. Seawolf may also monitor or record calls passing through its networks and systems for troubleshooting and/or service quality control checks required for the rendition of the services provided to its customers.
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site.
In the event Seawolf goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users personal information will, in most instances, be part of the assets transferred.
17. Governing Law and Dispute Resolution. This Agreement shall be governed by and in accordance with the laws of the State of New York, USA, excluding its conflicts-of-law rules. The Customer hereby consents to exclusive personal and subject matter jurisdiction of the courts of the State of New York. All claims or disputes between Customer and Seawolf arising in any way whatsoever out of the Services or the Equipment shall be resolved by binding and final arbitration by a single arbitrator. The American Arbitration Association shall administer the arbitration under the Commercial Arbitration Rules. The arbitration shall be conducted in New York, New York in the English language. No arbitrator may award relief outside the limits set herein. Customer agrees that all claims shall be in Customer's individual capacity and that Customer will not commence or join any class or consolidate Customer's claim with the claims of any person or persons. Customer hereby waives any right to a jury trial.
18. Entire Agreement. This Agreement constitutes the entire understanding and agreement between Seawolf and the Customer and supersedes all prior written or oral agreements related in any way to the subject matter hereof.