Vestalink Terms of Service
The use of services provided by Vestalink LLC [hereafter referred to as "Vestalink"] constitutes agreement to these terms. BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
E911 Service
There is an important difference between the Vestalink service and the phone service provided over a traditional phone line -- this difference is that the 9-1-1 dialing feature with Vestalink has important limitations that you should be aware of and that you advise others that may use the Vestalink service in your residence or business.
YOU ARE RESPONSIBLE FOR ACTIVATING THE 9-1-1 DIALING FEATURE BY TAKING AFFIRMATIVE STEPS TO REGISTER THE ADDRESS WHERE YOU WILL USE THE Vestalink SERVICE BY LOGGING INTO YOUR CONTROL PANEL AND PROVIDING A VALID PHYSICAL ADDRESS.
IF YOU MOVE THE LOCATION OF WHERE YOU USE THE Vestalink SERVICE, YOU MUST AFFIRMATIVELY ACTIVATE THE 9-1-1 DIALING FEATURE AT THAT LOCATION BY REGISTERING THE ADDRESS. IF YOU FAIL TO REGISTER YOUR LOCATION OR CHANGE THE ADDRESS TO A NEW LOCATION, THE 9-1-1 DIALING FEATURE WILL NOT FUNCTION PROPERLY AND POTENTIALLY NO EMERGENCY SERVICE WILL BE SENT TO YOUR LOCATION.
Additional limitations are as follows:
Landline ATA or Desk Phones: If your internet connection is lost, suspended, terminated or disrupted, neither Vestalink nor the 9-1-1 dial feature will function until the Internet connection is restored.
If your Vestalink account is suspended, terminated, expired, or left unpaid, the Vestalink service will prevent the 9-1-1 dialing feature from functioning. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 9-1-1 dialed calls utilizing Vestalink as compared to traditional 911 dialing over traditional public telephone networks.
You are responsible for the accuracy and the completeness of the address that you submit to Vestalink for the location at which Vestalink will be used and to which emergency service will be sent in the event that you use the Vestalink 9-1-1 dialing service. You are responsible for updating and of the advising us of any and all changes to the address or location at which Vestalink will be used. Vestalink uses a third party to route the 9-1-1 dialed calls to the applicable local emergency response center or to the national emergency calling centers. We make no warranties or guarantees as to whether, or the manner in which, 9-1-1 dialed calls that you make are answered or responded to by the local emergency response center or by the national emergency calling centers. We disclaim any and all liability or responsibility in the event that the third party data used to route 9-1-1 dialed calls is incorrect or yields an erroneous result. Neither Vestalink, its officers, directors, stockholders, parent corporation, its affiliated or subsidiary corporations, employees, representatives or agents 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 Vestalink 9-1-1 dialing service unless such claims or causes of action arise from Vestalink's gross negligence, recklessness or willful misconduct. You agree to release, indemnify, defend and hold harmless Vestalink, its officers, directors, stockholders, parent corporation, its affiliated or subsidiary corporations, employees, representatives or agents and any other service provider who furnishes services to you from any and all claims, damages, losses, suits or actions, fines, penalties, cost and expenses (including, but not limited to, attorney fees) or any liability whatsoever, whether suffered, made, instituted or asserted by you or by any other party or person, for any personal injury to or death of any person or persons, or for any loss, damage or destruction of any property, whether owned by you or others, or for any infringement or invasion or the right of privacy of any person or persons, caused or claimed to have been caused, directly or indirectly, by the operation, failure or outage of services, incorrect routing, or use of, or inability of a person to use, Vestalink 911 dialing feature or service or access emergency service personnel.
Safety and Security
We are not responsible for the content or security of voicemail, messages or contact lists you create.
Use your mobile phone and device in a safe manner that does not create a risk to your safety or the safety of others around you. While driving, always use a hands-free device and never use your mobile phone to send text messages. Always use your mobile phone and device in accordance with all applicable laws and regulations.
Support
Vestalink provides support for using our service. We do not provide troubleshooting or support for routers, computers, mobile phones or internet connections.
30 Day Risk Free Trial for all accounts
After you subscribe to the service you will receive a 30 day trial period. The 30 day trial starts as soon as you order.
Sales Tax, 911 Service Fees, & Regulatory Fees
Users in some jurisdictions are required to pay sales tax with their subscription and other account fees. Sales tax is charged during checkout. All other fees such as Universal Service, Regulatory Fees, State, local taxes are paid on your behalf where required.
Number Porting & New Local Numbers
Vestalink charges a onetime non-refundable fee of $10 to port a number to our service. Not all numbers are portable to our service for various reasons please verify your number is portable here. If your number port request fails, the processing fee will cover up to 2 more attempts within 14 days of the first attempt. Vestalink does not give full or partial refunds for failed porting requests regardless of the basis for the refund request. Vestalink offers promotions for porting numbers from specific carriers, please contact us after the port has been placed to receive a refund.
Fair Usage Policy
The Vestalink residential unlimited plan is intended for non-commercial use.
We reserve the right to demote any account indicating business usage for any reason including excessive usage, business VoIP equipment, PBX’s, and calling originating outside the US & Canada.
Binding Arbitration
By using any Vestalink service, you agree to submit to binding arbitration. If any disputes or claims arise against Vestalink or its subsidiaries, its agents, its employees, its officers, or its owners, such disputes will be handled by an arbitrator of Vestalink 's choosing. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Washington. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause.
Disclaimer
Vestalink shall not be responsible for any damages you or your business may suffer. Vestalink makes no warranties of any kind, expressed or implied for services we provide. Vestalink disclaims any warranty or merchantability or fitness for a particular purpose. Since we use the public internet to delivery service, we cannot guarantee uptime or availability of service.
Change of Terms
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 our website. These changes will become binding and effective the date they are posted to our website. 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.
