Operator Connect Free Trial Terms and Conditions
These Free Trial Terms and Conditions are between G12 Communications LLC (“G12”) and the individual or entity starting this free trial (“Customer”) each individually or entity referred to as a “Party” and collectively referred to as the “Parties”. This “Agreement” consists of (i) these Free Trial Terms and Conditions, (iii) Acceptable Use Policy (“AUP”). This Agreement sets forth the terms and conditions under which Customer is using G12 services pursuant to this free trial. The Parties agree to be bound by this Agreement as of the day Customer begins the free trial (the “Effective Date”), and affirm that each have caused this Agreement to be entered into by their respective duly authorized representatives on the date this free trial begins.
1. Service Definitions.
1.1 Operator Connect is a Microsoft-based PSTN calling solution that’s powered by certified providers. G12 is a Microsoft certified Operator Connect provider. G12 Operator Connect allows companies to make and receive phone calls directly in Microsoft Teams — with both self-service and fully managed options available.
2. Obligations of the Customer.
The Customer agrees to provide all information, access, and support for timely installation and proper use of the Service and to comply with all of the terms and conditions of this Agreement. The Customer also agrees that Customer’s use of the Service will at all times be consistent with the terms outlined in the G12 Communication’s AUP and will not be used in an unlawful manner and will be used in such a manner as to prevent damage to G12 network and equipment.
3. Customer Representations.
The Customer represents and warrants that: (i) their primary residence or business address is in the United States, (ii) they are at least eighteen (18) years of age and possesses the legal right and ability to enter into this Agreement, and (iii) the Customer name, contact information and registered location are true and correct and, if for business use, the Customer is authorized to act on behalf of such business. Customer acknowledges and agrees that G12 relies on the information supplied by Customer and that providing false or incorrect information may result in delays in the provision and delivery of the Services, the suspension or termination of the Services, and the inability of a 911-dialed call to be correctly routed to emergency service personnel (as further described in the 911 Notice). Customer agrees to promptly notify G12 whenever personal information changes, including, but not limited to, Customer’s name, address, e-mail address, telephone number.
4. Term Commitment.
The term of this Agreement commences upon Customer activating the free trial and will automatically terminate two weeks (14 days) thereafter or upon the completion of 50 voice calls using the Service, whichever occurs first (“Term”).
5. Fees and Charges. There are no fees or charges under this Agreement.
6.Payment. No payments are due under this Agreement
7. Taxes. No taxes are due under this Agreement.
8. Unauthorized Use of the Services.
Customer agrees that it is solely responsible for the security of all user names and passwords associated with the Service and that Customer will be responsible for any disclosure of such username or passwords. Customer shall indemnify, defend and hold G12 harmless from any and all costs, expenses, damages, claims or actions arising from any fraudulent or unauthorized use of the Services. In the event G12 discovers or reasonably believes that the Services are being used fraudulently, nothing contained herein shall prohibit G12 from taking immediately any and all reasonable actions to prevent the fraudulent use of the Services, including without limitation, suspension or termination of Services.
9. Inappropriate Use / Back-Up Power.
Customer acknowledges that the services are not designed, manufactured, intended, or recommended for use for any high-risk or fail-safe purpose or activity or in any environment where failure, interruption, malfunction, error, or unavailability could result in any liability or damages, physical harm or personal injury, death or dismemberment, or property or environmental damage. Customer represents and warrants that Customer and its end users will not use services for any such purpose or activity or in any such environment. In addition, Customer acknowledges and agrees that, if access to and use of the Services is desired or required during a power outage, Customer is solely responsible for providing appropriate back-up power to any equipment located on Customer’s premises to the extent such equipment may be used to access and use or is otherwise related to the use of the Services. G12 shall not be responsible or liable to Customer or any third party for Customer’s the unavailability of the Services during a power outage as a result of Customer’s failure to provide necessary back-up or secondary power facilities for use of the Services.
10. Termination by Either Party.
Either Party may terminate this Agreement at any time for any reason without notice.
11. Limitation of Liability.
G12 AND IT’S OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS AND SUPPLIERS (“G12 ENTITIES”) SHALL NOT BE LIABLE FOR ANYTHING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, THE FOLLOWING: (1) THE CONTENT OF THE INFORMATION PASSING OVER G12 NETWORK; (2) UNAUTHORIZED ACCESS TO CUSTOMER TRANSMISSION FACILITIES OR TO CUSTOMER OWNED EQUIPMENT; (3) UNAUTHORIZED ACCESS OR DAMAGE TO, ALTERATION, THEFT, DESTRUCTION OR LOSS OF CUSTOMER RECORDS OR DATA; (4) CLAIMS FOR DAMAGES CAUSED BY CUSTOMER, THROUGH FAULT, NEGLIGENCE OR FAILURE TO PERFORM CUSTOMER’S RESPONSIBILITIES; (5) CLAIMS AGAINST CUSTOMER BY ANY OTHER PARTY; (6) ANY ACT OR OMISSION OF ANY OTHER PARTY FURNISHING SERVICES TO CUSTOMER, OR THE INSTALLATION AND /OR REMOVAL OF ANY AND ALL EQUIPMENT SUPPLIES BY ANY OTHER SERVICES PROVIDER, INCORRECT PUBLICATION LISTINGS OR ADVERTISEMENTS OF PHONE NUMBERS; (7) CLAIMS FOR ANY LOSS OR DAMAGES RELATED TO ANY DELAY IN INSTALLING OR TERMINATING THE SERVICE, OR (8) CLAIMS FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE AGGREGATE LIABILITY OF ALL G12 ENTITIES, IF ANY, ARISING OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS, OR DEFECTS IN THE SERVICE OR EQUIPMENT PROVIDED BY G12 ENTITIES SHALL IN NO EVENT EXCEED THE MONTHLY RECURRING CHARGES FOR THE SERVICE PAID BY THE CUSTOMER DURING THE AFFECTED TIME PERIOD (NOT TO EXCEED 12 MONTHS) THAT IS THE SUBJECT OF THE CLAIM AND CUSTOMER WAIVES ANY AND ALL CLAIMS FOR SUMS IN EXCESS OF THAT AMOUNT. IF ANY LIABILITY IS IMPOSED ON G12 ENTITIES, SUCH LIABILITY SHALL BE LIMITED AS PROVIDED IN THIS AGREEMENT, WHICH SHALL BE G12 ENTITIES’ SOLE AND EXCLUSIVE LIABILITY REGARDLESS OF WHETHER LOSS OR DAMAGE IS CAUSED BY PERFORMANCE, NONPERFORMANCE, OR NEGLIGENCE OF G12 ENTITIES UNDER THIS AGREEMENT. TO THE EXTENT PERMITTED BY LAW, ANY LIABILITY OF G12 ENTITIES SHALL BE LIMITED TO DIRECT AND ACTUAL DAMAGES ONLY AND G12 ENTITIES SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY THIRD-PARTY WITH RESPECT TO ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY NATURE OR FOR THE LOSS OF REVENUE, LOST PROFITS, LOSS OF BUSINESS, LOSS OF POTENTIAL BUSINESS, REPLACEMENT COST OR COVER, OR ECONOMIC LOSS OF ANY KIND FOR ANY REASON WHATSOEVER, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER THEORY OF LIABILITY, EVEN IF G12 ENTITIES HAVE BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF – OR COULD HAVE FORESEEN SUCH COSTS, LOSSES, OR DAMAGES. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT G12 ENTITIES WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. TO THE EXTENT PERMITTED BY LAW, YOU AND WE EACH ALSO AGREE THAT ALL CLAIMS MUST BE BROUGHT WITHIN 2 YEARS OF THE DATE THE CLAIM ARISES.
12. Liability of Customer.
To the maximum extent permitted by law, Customer shall indemnify, defend and hold harmless, individually and collectively, G12 Entities from and against any and all liability, claims, losses (including loss of profits, revenue and goodwill), damages, fines, penalties, injuries to persons or property, costs, and expenses (including reasonable attorneys’ fees and dispute resolution expenses) made or asserted against G12 Entities by any third-party that arises out of, or is directly or indirectly related to: (i) breach of the Agreement or Service by Customer or any users of the Service; (ii) breach of any representations or warranties by Customer; (iii) use of or reliance upon the Service by Customer or any third party; (iv) any negligent acts, omissions to act or willful misconduct by Customer or any users of the Service; (v) the inability to use the Services or failure or outage of the Service for any reason, including but not limited to those related to calling 911, E911 or other emergency responders; (vi) use of the Services in connection with a violation of any applicable Laws (defined below); (vii) misappropriation, breach, violation, or infringement of any right, title or interest of any third party, including but not limited to, contractual rights, Intellectual Property rights, rights of privacy, and rights of publicity and personality; or any act or omission of Customer, its users or customers. Additionally, the Customer shall reimburse G12 Entities for damage to G12 facilities or due to any malfunction of any facilities or equipment provided by an entity other than G12 for the damages to the extent of such payment.
13. Warranties.
G12 DOES NOT WARRANT UNINTERRUPTED OPERATION, DEGRADATION, DELAY, INTERRUPTION, ERROR OR OMMISSION OF THE SERVICES, SOFTWARE OR EQUIPMENT OR LOSS OF CONTENT, DATA OR INFORMATION. G12 COMMUNCATIONS SPECIFICALLY DISCLAIMS AND CUSTOMER WAIVES ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR ANY WARRANTIES ARISING OUT OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
14. E911 Disclosure Statement.
CUSTOMER ACKNOWLEDGES AND AGREES THAT DURING THIS FREE TRIAL PERIOD 911 SERVICE IS NOT AVAILABLE. THE CUSTOMER CANNOT USE EMERGENCY 911 SERVICES OR TEST EMERGENCY 911 SERVICES DURING THIS 14 DAY FREE TRIAL PERIOD.
15. Governing Law and Venue.
This Agreement shall be construed and governed in accordance with the laws of the state of Washington and venue for any actions arising under this Agreement shall be in the courts of King County, Washington.
16. Entire Agreement.
This Agreement is the complete agreement between the parties concerning any telecommunications services provided by G12 hereunder, and replaces any prior oral or written communications between the parties. Except for prior obligations of confidentiality and/or nondisclosure, there are no conditions, understandings, agreements, representations, or warranties, expressed or implied, which are not specified in this Agreement.
17. Addition/Modification.
Except as set forth in the Agreement, the Agreement can only be modified, amended or waived through a writing signed by an authorized employee of each party
18. Compliance with Laws.
Customer represents and warrants that Customer and all use of the Service will at all times comply with all applicable laws, rules and regulations including but not limited to the rules, policies and regulation of the Federal Communications Commission (“FCC”), and all laws relating to Do-Not-Call provisions; unsolicited marketing; faxing; telemarketing; email marketing; spamming or phishing; data security or privacy; international communications; account or debt collection; recording of calls or conversations; export control; export of technical or personal data; end user, end-use, and destination restrictions imposed by the United States or foreign governments; consumer protection; pornography; trade practices; false advertising; unfair competition; antidiscrimination; harassment; defamation; intellectual property; or securities, electronic commercial communications, telemarketing and other similar laws, which include without limitation the U.S. Telephone Consumer Protection Act of 1991, U.S. Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 and the Canada Anti-SPAM Legislation, if applicable, and each as amended (“Laws”). Customer agrees to indemnify, defend, and hold harmless G12 and any third-party provider(s) from any and all claims, losses, damages, fines, or penalties arising out of Customer’s or its user’s violation or alleged violation of any Laws.
19. Recording Calls.
Certain Services may enable Customer and its users of the Service to record calls or other communications and that the recording of such calls is solely under Customer and its users control. Customer acknowledges that certain Laws impose requirements, restrictions, and prohibitions with respect to recording calls or communications, including without limitation, notice and consent from all of the entities on the call prior to recording the call or communication and Customer acknowledges that it is solely responsible for informing itself and its users of the Service of such Laws. Customer represents and warrants that Customer and all other users of the Service will, at all times, comply with all Laws with respect to recording calls.
20. No Storage of Personal Health Information.
Customer acknowledges and agrees that the Services are not designed, intended, or recommended to store “protected health information,” as defined under the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act, and similar legislation in other jurisdictions, and the regulations promulgated pursuant thereto (such laws and regulations, “HIPAA”; such information, “PHI”) and Customer represents and warrants that its Services will not be used for such purpose.
21. Survival.
All provisions of the terms and Conditions in the Agreement, which by their nature should survive, shall survive termination of Services or the Agreement, including without limitation, ownership provisions, warranty disclaimers, limitations of liability, indemnities, accrued rights (including any payment obligations).
G12 Communications Acceptable Use Policy (AUP)
1. Voice Services.
The Customer Agrees to use the 14-day free trial plan for traditional business voice service. The Customer agrees that they will not employ methods, devices or procedures to take advantage of the free trial plan by using the voice services excessively or for means not intended by G12 Communications. Excessive use is defined by G12 Communications as use that substantially exceeds the average call volume or duration used by all other G12 Communications unlimited service plan customers. The following types of services are specifically prohibited and my not be accessed through G12 Communications free trial plan: excessive local number conference calling, monitoring services, data transmissions, transmissions of broadcasts or transmission of recorded material. G12 has the right to terminate the Customers service if, in its sole discretion, G12 Communications determines that the Customers use of the free trial plan violates this prohibition or is otherwise “unreasonable” or results in abuse of the free trial plan. a. G12 Communications considers the customers use of the free trial plan to be “unreasonable” and therefore subject to immediate termination if the Customers: i. Re-sell, re-brand, re-supply, re-market or commercially exploit the service plan in order to aggregate traffic from more than one customer over an “unlimited” line or trunk: ii. Set up routing functionality such that only outbound long-distance traffic is sent over the Unlimited Service; or iii. Engage in any other conduct which is fraudulent or results in significant network congestion, or degradation. b. G12 Communications considers the Customers use of the free trial plan “abusive” and subject to immediate termination or adjustment if the customer utilizes: i. Autodialing ii. Continuous, repetitive, or extensive call forwarding iii. Continuous call session connectivity iv. Fax broadcasting v. Fax blasting vi. Telemarketing; or vii. Any other activity that would be inconsistent with reasonable business use that may cause network congestion or jeopardizes the integrity of G12 Communications network.
2. Lawful purposes only.
The Customer may use G12 Communications services for lawful purposes only. The Customer may not us the G12 Communications service in any way that is illegal, improper, or inappropriate. Illegal, improper or inappropriate uses of G12 Communications Services includes: a. Interfering with the ability to provide service to the customer or other customers,. b. Use of the service to threaten, abuse, harass, defame, deceive, defraud, interfere, or invade another’s privacy or engage in any similar behavior. c. Use of the service for auto-dialing, continuous, repetitive or extensive call forwarding, telemarketing (including charitable or political solicitation or polling), fax or voicemail broadcasting or blasting. d. Use of the service to: impersonate another person, send bulk unsolicited messages; use data mining techniques, or other automated devices or programs to catalog, download, store, or otherwise reproduce or distribute information from G12 Communications or use any automated means to manipulate the service e. Use the service for transmitting or receiving any communication or material of any kind which would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or encourage conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law.
3. Monitoring.
G12 Communications may monitor the use of the customers’ service for violations of this agreement. G12 Communications may without liability, remove or block all communications if G12 Communications suspects a violation of this agreement, or if G12 Communications finds it necessary to protect the Services or the company.
4. Providing information to authorities and third parties.
If G12 Communications believes that the customer has used the Service for unlawful purposes, G12 Communications may forward the relevant communication and other information, including the customers identity, to the appropriate authorities for investigation and prosecution. The Customer consents to the forwarding of any such communications and information to the authorities. In addition, G12 Communications may disclose the customers’ personal information, any communications sent or received by the customer, and any other information that G12 Communications may have about the customers’ account, including but not limited to, types of service, length of service, MAC addresses, IP addresses, email addresses, registered 911 address, and all other account information, as follows: in response to law enforcement or other governmental agency requests; as required by law, regulation, rule, subpoena, search warrant, or court order; as necessary to identify, contact, or bring legal action against someone who may be misusing the Service; to protect G12 Communications rights and property; or in emergency situation where disclosure of such information is necessary to protect G12 Communications, customers or third parties from imminent harm.
5. Use of Service by Customer Outside of the United States.
G12 Communications service is designed to originate calls within the United States and work with unencumbered high-speed Internet connections. If the high-speed internet connection is not within the G12 Communications service area or the ISP or broadband provider places restrictions on using VoIP services, G12 Communications does not represent they will allow you to use the service. The customer will be solely responsible for any violations of local laws and regulations or violations of ISP and broadband provider terms of service because of the customers’ use of the service. All use of G12 Communications service to or from areas outside the United States is at your own risk
6. No Transfer of Service.
The customer may not transfer the G12 Communications service to anyone else without first obtaining prior written consent
7. No Alterations or Tampering.
The customer may not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with it intended purpose.
8. Theft of Service.
The customer may not use or obtain the Service in any manner that avoids G12 Communications policies and procedures, including an illegal or improper manner. The customer will notify G12 Communications immediately in writing if the customer believes the Service is stolen, used fraudulently, or otherwise being used in an unauthorized manner. If the customer notifies G12 Communications of one of these events, the customer must provide an account number and a detailed description of the circumstances of theft, fraudulent use, or unauthorized use of the Service. If the customer fails to notify G12 Communications in writing in a timely manner, G12 Communications may disconnect the Service and levy additional charges on the Customer. Until the Customer notifies G12 Communications in writing of the fraudulent use or stolen service, the Customer will remain liable for all use of the Service up through the date the notice is received by G12 Communications.
9. Revisions to this Acceptable Use Policy
G12 Communications reserves the right to revise, amend, or modify this AUP at any time and in any manner. Any revision, amendment, or modification will be effective ten (10) days after G12 Communications publishes such revision, amendment, or modification. Your continued use of our services after such revision, amendment, or modification shall constitute your acceptance of the modifications to this AUP. Therefore, it is important that you review this AUP from time to time. If you have questions about the AUP, or about your rights and responsibilities as a G12 Communications customer, please contact us at support@G12com.com IT IS YOUR RESPONSIBILITY TO CHECK THIS WEBSITE REGULARLY, AS ALL OR ANY PART OF THIS AUP MAY CHANGE WITHOUT NOTICE.
VOIP 911 Service Disclaimer and Customer Acknowledgment
DURING THIS FREE 14 DAY FREE TRIAL PERIOD THE CUSTOMER ACKNOWLEDGES AND AGREES THAT 911 SERVICES ARE NOT AVAILABLE. THE CUSTOMER CANNOT USE 911 SERVICES OR TEST 911 SERVICES DURING THIS TRIAL PERIOD.
