TERMS AND CONDITIONS
Updated Jan 4, 2019
Continued use of the site constitutes the affirmative agreement to these terms and conditions.
Commercial Voice & Data, LLC (CVD) reserves the right to change the terms, conditions and notices under which the CVD sites and services are offered, including but not limited to the charges associated with the use of the CVD Systems Hosted System and SIP Trunk services. You may request an updated Terms and Conditions at any time.
1. Electronic Communications
1.1. When you visit CVD’s websites or send Email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by Email or Text or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2.1. All content on this site, such as text, graphics, logos, button icons, images, data compilations and software, is the property of CVD and is protected by international copyright laws. The compilation of all content on this site is the exclusive property of CVD and is protected by international copyright laws. All software used on this site is the property of CVD and is protected by international copyright laws.
3. Services & Conditions
3.1. CVD shall not be held liable for any delay or failure to provide service(s) at any time. In no event shall CVD, its officers, Directors, Employees, Shareholders, Affiliates, Agents or Providers who furnishes services to customer in connection with this agreement or the service be liable for any direct, incident, indirect, special, punitive, exemplary or consequential damages, including but not limited to loss of data, loss of revenue, profits or anticipated profits, or damages arising out of or in connection to the use or inability to use the service. The limitations set forth herein apply to the claimed founded in Breach of Contract, Breach of Warranty, Product Liability, Tort and any/all other liability and apply whether or not CVD was informed of the likely hood of any particular type of damage.
3.2. CVD makes no warranties of any kind, written or implied, to the service in which it provides.
3.3. CVD provides prepaid services only. You must keep a positive balance to retain services with CVD. You must pay all negative balances immediately. Customer agrees to keep a positive balance in customer’s account at all times, and agrees to pay the rate for which the customer signed up, for US48 destinations and International destinations. Customer agrees to pay any and all charges that customer incurs while using CVD’s service.
3.4. CVD services can be used as a primary telephone source for business or residential users.
3.5. CVD services are limited channels inbound/outbound. If you wish to set or expand channel limits please contact support for this restriction and it is on a trunk by trunk basis. If you exceed the limited channel minutes Call Duration limits on a particular day additional charges can be applied to your account as carrier recovery fees for FCC SCD.
3.6. CVD does not allow calls originating from Payphones to toll free numbers on its network.
3.7. Any call placed to Directory Assistance (411, 1-XXX-555-1212) including Toll Free numbers (1-800-555-1212) will incur a $0.99 per call charge as the call will be routed to our national Directory Assistance call center.
3.8. At CVD’s sole discretion, you may incur a port away fee for any DID number(s) leaving CVD’s network as this is a pass-through charge from CVD’s underlying carrier(s). Port away fees are common on most carriers and not in our control.
3.9. All calls placed through CVD’s to network to US48/CA destinations are billed at 15 second increments unless otherwise stated. Calls received in CVD's network will be considered Origination and equal to 60 seconds for the first minute then 15 second rounding after that.
3.10. Use of CVD’s services for telemarketing, broadcast faxing, delivery of unauthorized or unsolicited advertising, and promotional materials against state or federal law is not allowed.
3.11. Customer agrees to the exclusive jurisdiction of the courts of Bexar County in the state of Texas in the United States of America for any and all legal matters. Important information for members of law enforcement including other persons acting in an official capacity on behalf of federal, state or local governments. As a courtesy, we offer to verify if target telephone numbers are on the CVD network for members of law enforcement without legal process. If a target number is assigned to a customer of ours we are frequently able to provide that customer's legal compliance information without formal legal process; this courtesy is offered in order to save members of law enforcement the step of first serving us when in fact such legal process must ultimately be served regarding our customer, then law enforcement would make its own independent assessment of the request, including, without limitation, any subpoena subsequently delivered.
3.12. Violation of any state or federal laws or laws for any other competent jurisdiction may result in immediate account termination and/or disconnection of the offending service.
3.13. CVD reserves the right to terminate service at any time with or without notice; especially if Customer is found to be in violation of CVD’s Terms & Conditions. You agree that CVD shall not be liable to you or to any third party for any modification, suspension or discontinuance of service.
3.14. Due to the nature of this industry and high credit card fraud rate, CVD Voice and Data reserves the right to request the following documentation for verification purposes; a copy of the credit card used to establish the account along with valid photo identification such as a Passport, Driver’s License or other Government issued identification.
4. Product Configuration
4.1. CVD services are not intended for the novice user. CVD does not offer technical assistance for third party devices. This includes PBX Servers/Switches, IP Phones and ATA Adapters.
4.2. We do provide sample configuration for CVD Voice Asterisk/Trixbox servers, Linksys PAP2/Sipura Devices and standard SIP settings for use with IP Phones/Softphones which is easily accessible on the support page within our customer user portal. The sample configuration provided will not assist with internal routing, extension logic or calling plans. It is the end users responsibility to properly configure their servers and or devices for use with CVD Systems services.
5. Refund Policy
5.1. We offer full refunds on remaining pre-paid balance upon request for all payments made within 30 days. We do not offer refunds for monthly subscriptions such as Local DID’s or Toll Free numbers. There will be no refunds for one-time/setup fees. (custom toll free numbers) Any refund requests made after 30 days of transaction date will remain on the account as a prepaid credit. Refunds are not provided on calls made from your equipment. Once calls are made to the PSTN ( Public Switched Telephone Network ) they are charged against your account and not available for refund or credit. Reminder that you should SECURE your equipment to prevent public access and security breaches. CVD will offer free assistance in making sure your equipment is secure to prevent it from being accessed by unauthorized users. We offer a sample of a firewall that you can use to secure your equipment with IPTABLES firewall rules. This set of rules will secure your equipment from unauthorized access. In conclusion of the Refund Policy: CVD does not provide refunds for calls processed. By selecting Yes I Agree to the Terms and Conditions below, you agree that you are responsible for all calling traffic in your account. If you have questions do not register for service and contact our pre sales team at 210-824-5035 Ext 308
6. Site Policies, Modification & Severability
6.1. We reserve the right to make changes to our site, policies, and these Terms & Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
7. General Complaints
7.1. Please send reports of activity in violation of these Terms & Conditions to CVD will reasonably investigate incidents involving such violations. CVD may involve and will cooperate with law enforcement officials if any criminal activity is suspected. Violations may involve criminal and civil liability.
e911 Terms & Conditions
911 - Emergency call service typically used for delivering emergency calls to a public safety access point. Please read below e911 Terms & Conditions
PSAP - Public Safety Answering Point
VoIP - Voice over IP
e911 Terms & Conditions
Due to recent pursuant FCC rulings and regulations, All customers who are using CVD Systems services as their primary residential or business telephone carrier must activate 911 Emergency Services on at least one of their DIDs.
Enhanced 911, the portion of our 911 service which delivers physical address information to your local PSAP is not guaranteed. It is possible that your physical address information may not be passed to the PSAP dispatcher. On occasions such as this you will be required to give the dispatcher the location of your emergency in order to receive emergency service assistance.
Enhanced 911 service is not available to every location within the United States at this time. For locations e911 is not currently available; You will be required to announce the location of your emergency to the PSAP dispatcher.
Due to the nature and instability of VoIP networks, we cannot and do not guarantee your emergency call will complete. Loss of power, Internet access and or several other conditions may cause 911 to be inoperable. We have no control over those types of situations therefore are not held liable. CVD will do everything within their power to prevent service outages within it’s network.
In order for e911 address information to be passed to your local PSAP dispatcher, you must set your outbound caller ID value to the specific DID you are purchasing e911 service for. Therefore, by agreeing to these Terms & Conditions you the customer agree to set the outbound Caller ID number to the DID you have enabled e911 services for when making an outbound 911 emergency call. Failure to set the correct caller ID value will result in a non-refundable $100 surcharge per 911 call.
We have added an extension to our network which all CVD Systems users may call to test their Caller ID value.
By using CVD’s Enhanced 911 service, Customer agrees that CVD, it’s contractors, executives, members, customers, agents, employees, carriers, 911 providers, and any anyone else associated with CVD is not held liable for emergency calls failing, even if it is determined that it is the fault of CVD or it’s associates. Customer further agrees that they will notify their Customers, contractors, agents, employees, associates, shareholders, partners, and anyone who may use the CVD 911 service of our limitations and make Customers agree to not hold CVD or Customer liable.
Customer will be charged a regulatory recovery fee determined in your portal each month for each DID submitted to the e911 database. This fee is non-refundable. Failure to enable e911 service will result in a non-refundable $100 surcharge per 911 call.