Crosstalk SIP Terms of Service

DEFINITIONS

  • Company: Crosstalk Solutions (herein “Crosstalk Solutions,” “Crosstalk,” “Crosstalk SIP,” or “Company”), its contractors, agents, employees, associates, shareholders, partners and anyone working with or for Crosstalk Solutions and its subsidiaries.
  • Customer: You, the person or entity, and its contractors, agents, employees, associates, shareholders, partners, or associates using the Crosstalk Solutions service.
  • 911: Emergency call service typically used for delivering emergency calls to a public safety access point.
  • PSAP: Public Safety Answering Point
  • VoIP: Voice over Internet Protocol
  • DID: Direct Inward Dialing
  • TN: Telephone Number
  • FOC: Firm Order Confirmation

Customers agree to all of these Terms of Service upon opening an account with Crosstalk Solutions and/or using its signup form and/or its customer service, by email or phone.

INTRODUCTION

The Company provides the following Terms of Service, which are subject to change at any time, (Herein “Terms” or “Agreement” or “Terms of Service”) to its customers for the use of their services. When it refers to “Services”, the company means offering to customers a vast range of standard telephony and communication features. The present Terms shall govern all Services provided by the Company to its customers.

Please read the Terms prior to using Crosstalk Solutions services. By accessing and using the services of Crosstalk Solutions, the customer agrees to be legally bound by this Agreement, and any modification of such Agreement by the continuous use of the Services. If the customer doesn’t agree with these Terms of Service, please do not use Crosstalk Solutions’ Services.

APPLICATION

The following Terms of Service apply to all individuals referred to as customer and/or user of Crosstalk Solutions Services.

RESTRICTIONS

The Services provided by Crosstalk Solutions are available only to entities and persons over the age of legal majority established by the law of customer’s country and capable of entering into a legally binding agreement under applicable law. By using the Company’s Services, you declare that you have the legal capacity to do so, and that you understand that any breach of this obligation will be at your sole and entire responsibility and that the Company will not be held responsible.

  • The customer shall not use this Service as their sole call termination service, in which case the Company will assume no responsibility, and shall be advised to have a backup solution in any case this service does not deliver the customer demand.
  • The customer cannot spread misleading information about Crosstalk Solutions  
  • All the information provided to Customer and on the website of the company is under the intellectual property of Crosstalk Solutions. Unless both parties make a written agreement, the customer can not use any documents, logo or information about Crosstalk Solutions’ technology.
  • Originating from payphones to Crosstalk Solutions toll-free numbers is not guaranteed
  • The customer agrees to not purchase phone numbers from Crosstalk Solutions with the sole intention to port them out to another service. Crosstalk Solutions reserves the right, at its sole discretion, to disable the purchase of new phone numbers from an account that presents this pattern and may charge a port-out fee to allow the port out of numbers removed on this fashion.
  • The customer agrees that he is not provided with the right to start any claim, remedy or action, legal or otherwise that may harm Crosstalk Solutions in any way, for any reason whatsoever directly or indirectly related to the Services.
  • Crosstalk Solutions agrees to not sell your personal or corporate information to third parties.
  • The customer covenants and agrees that he will not use Crosstalk Solutions termination (outbound) services for telemarketing purposes (including, but not limited to Automated Dialers, Call Centers and collection agencies). In that event, customer understands that Crosstalk Solutions will suspend such activities without warning, to its sole discretion.  Also, just don’t be a scammer in general.
  • The customer covenants and agrees that he will not use any Crosstalk Solutions phone number as their caller ID display for calls related to telemarketing, dialer traffic, polls, mass traffic campaigns, nor will use Crosstalk Solutions phone numbers to receive traffic consistent with the aforementioned purposes (Mostly short calls, of very short duration). These activities can result in the suspension or removal of your DID number, and Crosstalk Solutions reserves the right to do so without prior notice, and to its sole discretion.

Crosstalk Solutions is currently only offering new accounts, origination or termination services for the following countries:

  • United States

TERMS OF SERVICE

  1. The following Terms of Service may be revised. If the Company chooses to do so, such amended Terms of Service will take precedence over previous version. If a notice is not sent to the customer, Crosstalk Solutions will make a notification on the website. It is the responsibility of the customer to read the Terms and keep current on revised versions. Note that major changes will be noticed to customers in a reasonable time of thirty (30) days via email.
  2. The customer is responsible for the safekeeping of their Login and Password information. If this information is lost or given to any other party in any way, the customer understands that this will be his sole responsibility. The customer agrees to frequently change his passwords to protect his account from any suspicious act.
  3. Customer covenants and agrees that it is responsible for all use of VoIP services under his account and that it shall be responsible for anyone that has access, authorized or not, to customer’s account.
  4. Crosstalk Solutions does not claim that its Service is “standard line quality”, and the customer understands that the Service quality is “as is” and may vary depending on the location of the customer, the internet service provider and the destination of each call. Due to the nature of its offering that allows customers to bring their own device, software, PBX or switch, the customer shall understand that the level of support, and the service offered is intended to customers with a higher technical level. Although Company will do its best to assist customers in that situation, it shall not be held liable for any problem resulting thereof.
  5. The customer agrees to follow lawful purposes while using this Service. Call usage must comply with all applicable laws, rules and regulations in the United States and the location country of the customer. The customer agrees to set the CallerID/ANI Identification in their configuration with accurate correspondence to them, without creating any confusion to another person or party.
  6. Crosstalk Solutions makes no warranties, expressed or implied, including or, but not limited to, merchantability or fitness for a particular purpose, regarding its product or service.
  7. Crosstalk Solutions will direct any payment, firstly to pay negative balances. The customer understands that all negative balances are due and use the Service with the exception that any call below negative balance does not mean that the calls are not due. Crosstalk Solutions reserves the right to suspend any negative account. A written notice will be sent to the customer in a reasonable time of 30 days in case of suspended or negative account.
  8. Crosstalk Solutions reserves the right to temporarily or permanently discontinue Service at any time and without any notice.  If this occurs, the Company will issue full refunds on unused balances.
  9. All rate quotes are valid only on the day they are issued and the Company only guarantees such rate to that extent. It is the responsibility of the customer to verify the accuracy of rates.
  10. The use of scripts that modify the customer portal interface in any way are strictly forbidden and can lead to immediate account deletion and legal actions.
  11. The customer is responsible for all usage of his account and is also responsible for the actual balance in his account.
  12. At Crosstalk Solutions’ sole discretion, you may incur a port away fee for any DID number(s) leaving its network as this is a pass-through charge from Crosstalk Solutions carrier(s).
  13. The following rules and fees apply when porting a TN (Telephone Number) from the US and Canada:
    • All number ports are pre-paid and non-refundable
    • Number ports are $10.00 USD per Local TN and $0.00 per Toll-Free TN.
    • No fee for port cancellations without an FOC (Firm Order Confirmation)
    • A $10.00 USD fee per TN for cancellations with an assigned FOC date
    • An $80.00 USD fee per TN for cancellations within 48 hours of an assigned FOC date
    • Requested FOC dates or FOC date changes are best effort.  Crosstalk Solutions cannot guarantee that a requested FOC date will be honored.
    • FOC date change requests will be assessed a $10.00 per TN fee.
    • Rejected number ports are valid for re-submission within 20 days from the date of each TN rejection.
    • Number port re-submissions with non-TN corrections will not be additionally charged.
    • Number port re-submissions with TN changes/corrections will be billed $10.00 USD per local TN and $0.00 per Toll-Free TN.
    • Port expedite requests will be assessed a $300.00 per TN fee.
    • If a cancellation is requested too late, the port may have to be ‘snapped back’ which will result in a $300.00 per TN snap-back fee.
  14. All traffic routed using Crosstalk Solutions SIP trunking has a billing interval of 6 seconds and a first interval of 12 seconds.
  15. Information on Crosstalk Solutions site regarding service, including but not limited to termination providers, is based on information passed to it from intermediary companies and may have not been verified.
  16. Crosstalk Solutions does not encrypt its transmissions, or sensitive parts of customer information in its database. Crosstalk Solutions retains the right to voluntary hand over information regarding customers, usage and calls if it is requested by law, court order or by governmental organizations.
  17. By submitting suggestions, feedback or any volunteer contributions, the customer acknowledges that Crosstalk Solutions is not under obligation of confidentiality.

Refund policy

  1. Crosstalk Solutions guarantees the customer that its service will be working as offered in its website. A Customer can ask for a refund of its unused balance, which will be governed as following:
    • If a Customer cancels service at any point during a calendar month, service will be pro-rated to the date of cancellation.
  2. It is the customer’s responsibility to verify and test that any number delivered to his account is active and working properly before publishing it. The test should be made from a landline or cell phone provider. Crosstalk Solutions will not be held liable for any damages or advertising expenses arising from receiving a non-working number. If a number is confirmed non-working, it will be deleted from the account and the cost of the number refunded.
  3. All parties agree that it will conduct business in compliance to all requirements of the law, specifically in compliance of the law of the state of Oregon, USA.
  4. In no event shall the Company be held liable to the customer and/or to any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including any and all liquidated damages, penalties, lost profit, loss of business and damages arising from the use of the Service, even if the Company may or may not have been previously informed of the possibility of such damage occurring.
  5. If there is any dispute about or involving the Company’s Services, it is agreed by all parties that said dispute shall be governed by the laws of the state of Oregon, and both parties agree to the exclusive jurisdiction of the courts in the state of Oregon, USA.
  6. These Terms, and any amended versions thereof, are the entire Agreement between you and the Company with respect to the Services, and they shall supersede any other agreement, written or verbal, that you might have entered into. If any provision, or part of a provision of these Terms is found to be invalid under the law, that provision, or portion of the provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable.
  7. The customer agrees that the present Terms cannot be assigned or transferred unless the Company gives its prior written consent. The Company has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent, but will provide the customer with a notice (written or email) if that event occurs.

Automatic Billing

  1. The Company agrees to provide you with an Automatic Billing feature, which shall be governed by the present Terms and Conditions, and shall be available for every Customer.
    • The minimum Top-up threshold is $5.00 USD, and the minimum Top-up amount is $5.00 USD.
    • A credit card may be placed on file for recurring payments via the Crosstalk Solutions VoIP Back Office portal.
    • The Customer may use the Automatic Billing feature for all SIP and related Services provided by the Company.
    • If the Customer’s card is declined or if payment cannot be taken with the provided credit card, you might not be able to use the Company’s Services, and you will receive a notice.
    • A maximum of 1 transaction per day is allowed.
    • The Company will use its best efforts to ensure proper functioning, but does not guarantee that the Automatic Billing feature will never be faulty.

Phone call conversation / Phone call recordings

Crosstalk Solutions offers you the possibility to record your phone conversations, to your entire and sole discretion. You should be aware that the laws regarding the notice and notification requirements, legality and use of such recorded conversations vary from country to country, state to state or province to province. As such, your recording of such conversation might be illegal, therefore you should make the proper verifications. By recording calls, you acknowledge and agree to be solely and entirely responsible for complying with all international, federal, state, provincial and local laws and regulations in the relevant jurisdiction when using this feature, and you warrant to Crosstalk Solutions that you are acting legally. You expressly acknowledge and agree that Crosstalk Solutions will not and cannot be held liable for any and all claims, directly and indirectly related to your recording of phone conversations. Without limitation to the Terms of Service, you agree to release, indemnify and to hold harmless Crosstalk Solutions from and against any and all claims, damages or liabilities of any kind related directly or indirectly to the recording of any phone conversation using the Service.

911/Enhanced 911 (e911) Emergency Service

Be aware of the conditions about dialing 911 from your Crosstalk Solutions service.

Crosstalk Solutions allows its customers to make and receive calls through the customers’ internet provider. Usually, VoIP services have some restrictions compared to landline services. By accessing and using Crosstalk Solutions services, the customer accepts and agrees that there are differences between a traditional phone service and a VoIP phone service, including the 9-1-1 emergency service.

Due to recent pursuant FCC/CRTC rulings and regulations, all customers who are using Crosstalk Solutions services as their primary residential or business telephone carrier must activate 911 Emergency Services on at least one of their DIDs. By the present Terms of Service, the customer agrees to comply with such regulations and understands that the Company will assume no liability in case of any breach of said regulations by the customer.

911 phone calls made on DID phone numbers that do NOT have e911 services attached to them will result in a rogue e911 fee of $275.00 USD.

The portion of the 911 service which delivers physical address information to your local PSAP is not guaranteed. It is possible that your physical location will not be provided to the PSAP dispatcher. On occasions of this kind, it will be your sole responsibility to give the dispatcher the location of your emergency to receive emergency service assistance, and the Company shall assume no liability to that extent.

Due to the quality variability of VoIP networks, Crosstalk Solutions cannot and does not guarantee your emergency call will go through. Many conditions such as loss of power, Internet access and or several other may cause 911 to be inoperable. Crosstalk Solutions does not have control over those types of situations and therefore can not be held liable. Crosstalk Solutions will do everything within its power to prevent service outages within its network.

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 of Service, the customer is deemed to have set the outbound Caller ID number to the DID he has enabled e911 services for when making an outbound 911 emergency call.

By using Crosstalk Solutions’ enhanced 911 service, the customer agrees that Crosstalk Solutions, its contractors, executives, members, customers, agents, employees, carriers, 911 providers, and anyone else associated with Crosstalk Solutions is not held liable for emergency calls failing, even if it is determined that it is the fault of Crosstalk Solutions or its associates, and releases the Company from any and all liability. Customer further agrees that they will notify their customers, contractors, agents, employees, associates, shareholders, partners, and anyone who may use the Crosstalk Solutions 911 service of our limitations and make customers agree to not hold Crosstalk Solutions or customer liable.

Changes to Terms of Service

Crosstalk Solutions reserves the right to make changes to its site, services, policies and these Terms of Service at any time.