Service Terms

Telephone (VoIP) Phone and Equipment Service – TERMS AND CONDITIONS OF SERVICE

This Agreement (“Agreement”) is between DN Corp. (“Provider”, or “DN Corp. “) and the End-User (“End-User”) of the VOIP Digital Phone service. Any Provider services or products (“Services”) made available to End-User shall be governed by the terms and conditions herein. By activating the Services, End-User acknowledges receiving, reading, and understanding this Agreement and accepts the terms and conditions herein. End-User acknowledges that they are of legal age (18 years or older) to enter this Agreement.

TERMS AND CONDITIONS.

By using our VoIP services, you acknowledge and agree to all the terms and conditions outlined in this document. These terms supersede any other terms or conditions provided in other documents or communications between you and the Provider. The Provider rejects any additional, different, or conflicting terms from such documents, and they will not apply to any sale or service provided. Any modifications or waivers of this agreement must be made in writing, clearly stating the change or waiver, and signed by an authorized representative of the Provider to be considered valid and binding.

SERVICE TERMS.

The service is offered on a month-to-month basis, with no long-term commitments or contracts. The agreement starts when the End-User purchases the service and continues on a monthly basis as long as the service remains active. Each month, the agreement will automatically renew for the following month unless the End-User provides written notice to the Provider of their intent to cancel before the current term concludes. The End-User is responsible for payment for services during the term, and the expiration of the term does not absolve them of any outstanding charges.

CREDIT TERMS.

The provision of all services to the Customer, as outlined in the Agreement, is contingent upon credit approval or review by the Provider. While the Provider may offer net 30-day payment terms to certain Customers who meet specific criteria, the Provider reserves the right to revoke these terms at any time. The Customer agrees to promptly provide any required credit information or assurances as requested by the Provider. The Provider also reserves the right, at its sole discretion and without prior notice, to discontinue offering credit to the Customer.

INVOICING.

The Provider will email the End-User a monthly invoice 10 days before the due date. The invoice will include charges for standard services, as well as any additional fees, such as late fees, disconnection charges, equipment fees, tolls, and taxes. Invoices will be sent to the contact email on file, 10 days prior to the start of each billing cycle. The End-User is responsible for providing the correct billing email address to the Provider. Failure to provide or maintain accurate billing information does not relieve the End-User from paying for services or from incurring additional charges, such as late fees. Service fees are billed in advance, while tolls and other charges are billed at the end of the month. If toll charges exceed $100 within a month, the Provider reserves the right to charge them at any time.

LATE/NON-PAYMENT/SERVICE RESTORATION.

If charges for telephone or related VoIP services remain unpaid after the due date, a late fee of $25 will be applied for each overdue billing cycle. If payment is more than 60 days past due, the Provider may, at its discretion and without prior notice, suspend or terminate the service. The full outstanding balance must be paid before service can be restored. Additionally, if the balance remains unpaid, the Provider may refer the account to a collection agency for further action. The Provider also reserves the right to subsequently charge for any late invoices within the prior 12 months.

RESTORATION OF SERVICE.

To restore your service, your account must be fully up-to-date with no outstanding invoices. A $50.00 restoration fee will also be added to your next billing cycle due to non-payment. If your service has been disconnected and needs to be reactivated, you may need to provide a valid credit or debit card on file or make a one-month full-service payment as a deposit in advance. Any deposited funds may be applied to your final invoice at our discretion. Please note that while your service is suspended, no modifications, additions, or changes can be made until your account is current.

BILLING DISPUTES.

The End-User must notify us in writing of any disputes regarding charges for the Services within thirty (30) days of receiving the monthly online invoice. Failure to do so will result in a waiver of any objections. All invoice disputes should be sent to billing@dncorp.com.

CLIENT CONTACT INFORMATION ON FILE

The Client is responsible for keeping their email and contact information up to date with DN Corp. The Client must also ensure that all invoices for services are paid by the due date. DN Corp. is not liable for any issues arising from changes to contact or email information that have not been properly updated. As noted, invoices are generated monthly and sent to the email address on file.

911 EMERGENCY DIALING.

DN Corp. provides 911 dialing as part of the service, ensuring proper implementation and functionality. It is essential to use the service only within the geographical area you have registered with DN Corp. as your installation site. Our E911 service transmits your phone number and registered address to the local emergency center when you dial 911, allowing emergency responders to reach you quickly and accurately. By using this service, you authorize us to share your name and address with third parties involved in providing 911 dialing, such as call routers, call centers, and local emergency centers.

To ensure accurate emergency response, we will register only the physical location where the service is being used with each phone number. If you move the device to a different location, you must update the registered address with DN Corp. Failure to do so may result in emergency calls being routed to the wrong address, potentially causing delays in assistance. Please note that VoIP services depend on electrical power, internet access, and the functionality of the VoIP network. If any of these are unavailable, the service may not function. By agreeing to these terms, you acknowledge and accept the limitations of VoIP services and agree to hold DN Corp. harmless.

NON-VOICE SYSTEMS

The customer agrees not to use any provided VoIP services with software that utilizes auto-dialing or auto-answering functions, including CRM systems, programs, or tools, with the exception of home security systems, medical monitoring equipment, satellite television systems, and certain fax machines. The End-User also waives any claims against the Provider for interruptions or disruptions to these systems caused by the Services. If DN Corp. determines that any auto-dialing or auto-answering tools have been used without written consent, the customer’s service will be immediately suspended and will not be restored until all such tools or systems have been removed. The account will still be billed during this suspension.

PROMOTIONAL CAMPAIGNS

As part of a promotional campaign, the Provider may offer Equipment to the End-User at no cost. However, the End-User understands that to avoid being charged for the Equipment, they must maintain continuous service for at least six months. If the End-User cancels the service before completing the six-month period, they agree to pay the full current value of the Equipment, in addition to any outstanding balances.

EQUIPMENT WARRANTY.

The Provider agrees to assist in the Return Merchandise Authorization (RMA) process for equipment failures during the manufacturer’s warranty period. However, please note that the warranty does not cover replacement for any equipment that has been lost, stolen, mistreated, or modified. If the End-User returns equipment that is not covered under warranty, the Provider may refuse the return and the End-User will be responsible for paying the return shipping charges.

Additionally, in the event of account termination, if the End-User damages the equipment or fails to return it in good working order, a fee equal to the value of the equipment will be charged to the End-User.

TOLLS.

For calls to or from equipment using the Services that connect to the Public Switched Telephone Network (PSTN), toll charges associated with the respective plan ordered by the End-User will apply. Additionally, calls to or from voice equipment using the Services that connect to a SIP service provider not affiliated with the Provider will also be counted as PSTN minutes, subject to the toll charges of the respective plan chosen by the End-User.

Domestic long-distance calls, where applicable, will be billed in six-second increments. Calls made to phone numbers outside of the United States and Canada, to non-Provider accounts, will be charged at the current rates published on the Provider-Wholesale Partner Telnyx.com. The duration of each call from the US to an international destination will be calculated in six-second increments, with a minimum duration of thirty seconds. Calls to Mexico, if applicable, will be rounded to the nearest minute.

TELEPHONE NUMBER.

The End-User acknowledges that any telephone number provided by the Provider will be used exclusively with the VoIP equipment, unless explicitly authorized by the Provider in writing. The Provider reserves the right to change, cancel, or relocate the number at its sole discretion.

If the End-User chooses to transfer their existing phone number to the Provider’s VoIP service, they will have the option to transfer the number out of the Provider’s network upon termination of service

LOST, STOLEN, ALTERED OR BROKEN.

The End-User is prohibited from making any modifications to the equipment without the express written permission of the Provider. Furthermore, the equipment should only be used in conjunction with the Services as outlined in this agreement.

With the exception of provisions stated in this agreement, the End-User is responsible for all instances of lost, stolen, or damaged equipment and may be required to purchase a replacement in order to continue receiving service. The charges for the replacement will be based on the fair retail price of the equipment, in addition to applicable shipping costs and taxes.

In the event of any equipment loss or theft, the End-User is obligated to immediately notify the Partner and cooperate with the Provider to prevent unauthorized use. Failure to promptly report such incidents may result in the End-User being responsible for all service fees accrued until the Provider is notified and can terminate the Services.

PROHIBITED USES.

The End-User is strictly prohibited from using the Services or engaging in any activities that may disrupt the integrity of the Provider’s network or that of its vendors, either directly or indirectly. Such actions may result in the immediate termination of the Services.

The End-User acknowledges that neither the Provider nor its vendors are responsible for the content of transmissions that pass through the internet and Services. The End-User agrees not to use the Services in a manner that violates any laws, infringes on the rights of others, or interferes with the use of the network by other users, services, or equipment.

The End-User further agrees that the Services and equipment are for internal use only and will not be resold, transferred, or charged for without the Provider’s prior written consent. The use of the Service is prohibited for certain activities, including, but not limited to, auto-dialing, continuous or excessive call forwarding, continuous connectivity, fax broadcasting, fax blasting, telemarketing, or any other activities inconsistent with typical residential or small business usage—unless specifically agreed upon in writing by both the Provider and the End-User.

 

UNLIMITED MINUTE USAGE PLANS; CHANGES TO THE AGREEMENT, SERVICES, OR PLAN. 

The usage of the term “unlimited” in relation to the Services refers to both local and long-distance calls within the United States (including Hawaii and Alaska) and Canada. However, this unlimited usage is subject to a fair usage policy of up to 5000 minutes per month. Any usage beyond this limit will be billed at a rate of $0.05 per minute.

To ensure that there is no abuse of the unlimited minute plans, the Provider reserves the right to review the usage patterns of such plans. The End-User agrees to utilize the unlimited minute plans for regular voice calls only and agrees not to use methods or devices to excessively use the unlimited plans or for purposes not intended by the Provider.

In cases where, at the sole discretion of the Provider, the End-User is deemed to be abusively using the unlimited minute plan, the Provider reserves the right to immediately terminate the service.

TERMINATION OF SERVICE

The End-User must

1. The End-User must provide the Provider with at least thirty (30) days’ written notice prior to termination. This notice should be sent to billing@dncorp.com and must include a specific cancellation date. If no cancellation date is provided, the service will be terminated at the end of the next billing cycle that meets the 30-day notice requirement.

   Please note:
   We do not offer proration, and the customer will be responsible for the full monthly service fee for the month in which the termination notice is submitted.

2. If proper 30 day notice is not provided, a termination fee of $250 USD will apply, and the cancellation will occur in the next billing cycle.
3. To port any number, the End-User must submit a completed Letter of Authorization (LOA) from the authorized contact on file, along with details of the new provider, directly to lnp@telnyx.com. NOTE: We do not provide CSR information, so this is not required.

PRIVACY.

The Provider uses the public Internet and third-party networks to deliver voice and video communication services to the End-User. As such, the Provider cannot guarantee the absolute security of voice and video communications. However, the Provider is dedicated to respecting the privacy of the End-User.

Any personally identifiable information provided by the End-User will be used solely within the context of their relationship with the Provider. The Provider will not sell, rent, or lease the End-User’s personal information to third parties. Unless required by law, subpoena, or with the End-User’s prior consent, the Provider will only share personal data with business partners who are acting on the Provider’s behalf to carry out the specified services. The privacy policies of the Provider extend to these partners and any national or international entities involved in handling the data.

TECHNICAL SUPPORT.

The Provider offers technical support to End-Users via telephone and email for issues directly related to the Services and the provided equipment. However, if it is determined that the issue is unrelated to DN Corp.’s VoIP service or the provided equipment, the client will be charged an hourly rate of $165 for technical support. Please note that support for other applications or uses is not provided, nor implied, unless explicitly agreed upon in writing by both the Provider and the End-User.

Additionally, the End-User will be billed for support related to service changes, such as modifying call flow configurations or customizations, at a rate of $165 per hour.

TOLL FRAUD

The Client is responsible for implementing effective security measures on their network to prevent toll fraud. If toll fraud occurs and the issue is determined to have originated within the Client’s network, the Client will be responsible for all costs associated with resolving the toll fraud incident.

BREACH.

If the End-User breaches any terms of the Agreement, including failure to make required payments, the End-User agrees to reimburse the Provider for all costs incurred in enforcing its rights under the Agreement. These costs may include attorney fees, court fees, collection expenses, and any other related charges. Additionally, the Provider reserves the right to retain any deposits or payments made by the End-User in such cases.

INDEMNIFICATION.

End-User agrees to defend, indemnify, and hold harmless the Provider, its affiliates, and its vendors from any and all claims, liabilities, damages, and expenses (including attorneys’ fees) arising out of or related to the End-User’s violation of this Agreement or use of the Provider’s services.

DISCLAIMER OF CONSEQUENTIAL DAMAGES.

Under no circumstances shall the Provider or its vendors be liable for any special, incidental, indirect, punitive, or consequential damages, including but not limited to loss of data, revenue, profits, or damages arising from the use or inability to use the services or products provided under this Agreement. This limitation of liability applies regardless of whether the claim is based on breach of contract, breach of warranty, negligence, or any other legal theory, even if the Provider has been advised of the possibility of such damages. The total liability of the Provider and its vendors under this Agreement shall not exceed the amount paid by the End-User for the services or products in question.

WARRANTY AND LIABILITY LIMITATIONS.

The Provider makes no guarantees, express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose. Neither the Provider nor its vendors shall be held responsible for unauthorized access to the Provider’s or End-User’s transmission facilities or premises equipment, nor for unauthorized access to, alteration, theft, or destruction of End-User data, files, programs, procedures, or information. Such damages may occur due to accidents, fraud, devices, or any other means, whether or not caused by the negligence of the Provider or its vendors.

Any claims against the Provider must be submitted within 90 days of the event giving rise to the claim. After this period, the Provider will not be liable. The Provider’s liability is limited to offering repair, replacement, credit, or a refund. The Provider may choose to issue a refund instead of providing credit, replacement, or repair.

Warranties cover only defects arising from normal use and exclude malfunctions or failures resulting from misuse, abuse, negligence, alteration, modification, improper installation, or repairs conducted by anyone other than the Provider. Under no circumstances will the Provider’s total liability exceed the amounts paid by the End-User to the Provider in the twelve (12) months preceding the claim.

EXPORT COMPLIANCE.

By using the Services, the End-User agrees to adhere to U.S. Export laws regarding the transmission of technical data and other regulated materials. Furthermore, the End-User agrees to comply with all relevant local, state, and federal regulations that govern the usage of the Equipment and Services in their specific location.

PHONE NUMBERS AND WEB PORTAL DISCONTINUANCE.

Once the Services expire, are cancelled, or terminated, the End-User is required to surrender and cease using any Numbers, voice mail access numbers, and web portals that were assigned to them by the Provider or its vendors.

SOFTWARE COPYRIGHT.

The software used by the Provider in connection with the Services, as well as any software provided to the End-User as part of the Service delivery, is protected by copyright law and international treaty provisions. It is strictly prohibited for the End-User to copy the software or any portion of it.

NOTICES.

The primary method of communication between the Provider and the End-User is email. All notices will be sent to the email address provided by the End-User during service registration or any updated email address subsequently provided. It is the End-User’s responsibility to keep their email address up to date with the Provider. The End-User agrees that email is the designated method for receiving notifications. Email will be used to communicate important information related to the Services, billing, service changes, and other relevant updates. It is essential for the End-User to promptly review any emails received to avoid potential service interruptions, as the information communicated may be time-sensitive.

FORCE MAJEURE (EVENTS BEYOND OUR CONTROL).

Provider will not be held liable for any delays in performance that are directly or indirectly caused by or result from acts of nature, fire, flood, accidents, riots, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers, or any other difficulties that may occur despite Provider’s best efforts.

GOVERNING LAW / RESOLUTION OF DISPUTES.

Mandatory Arbitration: Any dispute or claim arising between the End-User and Provider relating to the Services or Equipment provided under this Agreement shall be resolved through binding arbitration. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, with a single arbitrator assigned to the case. The arbitrator’s decision will be based on the plain meaning of the relevant documents and will be final and binding.

The parties agree that the arbitrator does not have the authority to award any relief beyond what is outlined in this Agreement or to grant punitive or exemplary damages. The arbitration award may be entered as a judgment in any court with appropriate jurisdiction.

Furthermore, all claims must be resolved individually; the End-User agrees not to initiate or participate in any class action lawsuits or seek to consolidate claims in arbitration or court. By agreeing to this arbitration provision, the End-User waives their right to a jury trial.

GOVERNING LAW

Governing Law and Jurisdiction: This Agreement, along with the relationship between the End-User and the Provider, will be governed by the laws of the State of Texas, without regard to its conflict of law principles. Both parties consent to the exclusive jurisdiction of the courts in Texas for any arbitration awards or legal proceedings arising from this Agreement.

Waiver and Severability: The Provider’s failure to exercise or enforce any right or provision under this Agreement shall not be deemed a waiver of that right or provision. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, the parties agree that the court should attempt to give effect to the original intent of the provision, and all other provisions of the Agreement will remain in full force and effect.

Time Limit for Claims: The End-User agrees that, notwithstanding any applicable statute or law to the contrary, any claim or cause of action related to the use of the service or this Agreement must be filed within one (1) year from the date the claim or cause of action arose. If not filed within this period, the claim will be permanently barred.

ENTIRE AGREEMENT.

Entire Agreement: The terms and conditions outlined in this Agreement represent the complete understanding and agreement between the parties regarding this sale. They explicitly override and replace any previous or concurrent agreements, whether written or verbal, relating to the Services. This Agreement remains binding not only on the Provider and End-User but also on their heirs, successors, and assigns.

INTERPRETATION OF AGREEMENT.

No Interpretation Bias: It is expressly agreed that no provision of this Agreement shall be construed in favor of the End-User or against the Provider solely because the Provider has drafted the Agreement.

UPDATES TO SERVICE.

The Provider reserves the right to modify the terms and conditions, Services, and Plans (“Change of Service”). Any such changes will be posted on the Provider’s website, and End-Users will be deemed notified and bound by these changes on the date they are posted (“Change Date”), without the need for additional notice. The Provider will provide at least thirty (30) days’ notice before the effective date of any changes, except for international calling rates, which will require only 24 hours’ notice.

If an End-User does not notify the Provider of their intention to terminate the Agreement or continues using the service after the Change Date, they will be deemed to have accepted and consented to the changes. If the End-User disagrees with the changes and terminates the Agreement, they will remain responsible for any outstanding payments and may incur a Disconnection Fee. End-Users may request a change to their Plan at any time, subject to applicable fees and additional terms and conditions. If a Plan change requires the purchase of equipment, an equipment charge may apply. The Provider may also reduce the prices of Services or Plans without prior notice to the End-User.