TERMS OF SERVICE
This document "Terms of Service (TOS)," constitutes an agreement between 212.io, (hereinafter called "the Company," "we," "our," "us," and/or words of a correlative or similar meaning, which may include but not be limited to all of its agents, assigns, and/or representatives) a New York corporation and the end-user (hereinafter called "the Customer," "user," "you," "your," and/or words of a correlative or similar meaning, which, for the purposes of this agreement means the person(s) identified in 212.io 's account records as the person responsible for payment of all charges or any other person(s) and/or assigns, which represents that person(s).
The Company is a provider of international telecommunications services. This document provides an in-depth description of our limits, warranties, and acceptable use. In the event of ambiguity of between website information and this document, this document, "Terms of Service" dictates.
BY SIGNING UP, ENROLLING IN, USING, ENTERING YOUR CREDIT/DEBIT CARD INFORMATION, AND/OR PAYING FOR THE SERVICE(S), YOU AGREE TO THE PRICES, CHARGES, AND THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE PRICES, CHARGES, AND/OR TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICES, AND CANCEL THE SERVICES DURING OUR NORMAL BUSINESS HOURS.
We may change the terms of this agreement from time to time, without prior notice to you. Notices of amendment(s) made to this agreement will be considered given and effective on the date that such amendment(s) are posted at 212.io. Further, the agreement posted shall supersede all previously agreed to electronic and/or written Terms of Service.
ARTICLE 1- SERVICE
1.1 The Company provides domestic local phone numbers for use to forward to a designated ring-to destination.
1.2 Service is provided on a month-to-month basis or an annual term, depending on the package you select at the time you place your order. Subsequent terms of this agreement will automatically renew on a monthly/yearly basis (whichever applicable) without further action by you unless you arrange to cancel your Service by emailing us and talking with one of our customer service representatives. You are purchasing the Service for full monthly or annual terms (whichever applicable), which means that if you cancel your Service prior to the end of the term, you are still responsible for the full term's charges and any unbilled charges and/or fees to the end of the then-current term, all of which becomes immediately due and payable.
1.3 You acknowledge and understand that the Service provided you by 212.io is not a traditional telephone service. Accordingly, the Service is subject to different regulatory treatment, which may differ from the regulatory treatment of traditional telephone services; such difference(s) may limit or otherwise affect your rights before telecom regulating agencies and/or departments and organizations.
1.4 The Company does not guarantee backup data for any voicemail message(s), fax data and/or transmission(s), voicemail greeting(s) or any other data/transmission(s) sent through its systems. It is possible to lose said data, and in such case, said data cannot be recovered; regardless of the circumstances surrounding such a loss, 212.io shall not be held liable for any loss or harm resulting from your use of these optional services.
1.5 It is strongly recommended that you test the Services upon initial setup and periodically thereafter to ensure the Services are functioning to your satisfaction. Should you fail to properly test the Services as recommended, you do so at your own risk and you shall be the sole party responsible for any loss or damages.
1.6 The Service(s) provided to you by 212.io stand independent of any third-party carrier(s) and/or other service provider(s) you may be using, or will use, in conjunction with our Service. This agreement applies only to those Services that are owned and managed by 212.io. In no way does this agreement cancel or amend any existing agreement(s) you may already have in place, or will have, with any third-party carrier and/or service provider(s). Your agreement(s) with any and all third-party carrier(s) and/or other service provider(s) are between you and the third-party carrier(s) and/or other service provider(s). Such agreement(s) are NOT applicable to the Services provided to you by 212.io. Further, 212.io shall not be held liable for any action(s), or lack thereof, inadequacies and/or failures of any third-party carrier(s) and/or service provider(s) you use in conjunction with the Service. You agree that you are solely responsible for any and all fee(s) due to any and all third-party carrier(s) and/or other service provider(s) you use in conjunction with our Service.
ARTICLE 2- SUBSCRIBER ACCESS
2.1 Upon setting up your account with 212.io, 212.io will assign you a unique password for easy access to your online account at the 212.io-operated website. Should you elect to do so, you may change your assigned username and/or password by logging on to the 212.io-operated website.
2.2 It is your responsibility to maintain the security and confidentiality of your account username and password at all times and you are solely responsible for any liability or damages resulting from your failure to maintain that security and confidentiality and for all activities that occur under your username and password. You must notify us immediately if you believe that your online account with 212.io has been compromised by unauthorized access so that we may assign you a new username and/or password. All username and password resets will be sent only via email.
ARTICLE 3- ACCOUNT OWNERSHIP
3.1 The owner of a 212.io account is the person named in 212.io's account database. No other person or entity, named or unnamed, shall maintain ownership or rights to the account nor Service(s) provided therein.
3.2 You may not transfer ownership of your 212.io account, nor the Services provided therein, to any party without the expressed consent of 212.io.
3.3 In the event of a dispute regarding account ownership, 212.io shall, in its sole discretion, determine the rightful owner.
ARTICLE 4-DIRECTORY LISTING/ PUBLICATION OF NUMBER(S)
4.1 We do not publish directories of any of the phone numbers owned and managed by 212.io. Further, we will not assist you in publishing any of the phone number(s), provided you by 212.io, in any directory.
4.2 It is possible for your phone number(s) to have been listed in a directory and/or on a website(s) or other publications at the request of the previous subscriber of your phone number(s); this factor is beyond our control and we shall not be held liable for any harm or loss resulting from such. If you receive phone calls from a previous subscriber's callers, which is not uncommon, you should contact us immediately to cancel that phone number(s) and select a replacement phone number(s). Please note that you will not receive credit(s) for any such calls so it is in your best interest to contact us immediately to cancel the phone number(s).
4.3 212.io will not reimburse you, in any way, for any cost(s) associated with the publication of your 212.io phone number(s). You are solely responsible for any costs, fees, damages and/or losses related to the publication of the phone number(s) we provide you.
ARTICLE 5- COLLECT CALL AND OPERATOR SERVICES
5.1 Our Services do not support collect calls or operator services.
ARTICLE 6- RESTRICTIONS ON USE
6.1 You agree to use the Service(s) provided you by 212.io for legal and legitimate purposes. Unlawful, improper and/or illegitimate use will be defined by 212.io or, any official government police agency, which notifies 212.io of your unlawful use of the Service it provides to you.
6.2 You are liable for any and all content transmitted through the Service provide you by 212.io. You are solely liable for the content of any and all transmissions sent through 212.io systems as a result of your use of the Service, regardless of whether or not such content is solicited or unsolicited
6.3 You shall not use the Service provide you by 212.io for transmitting obscene, fraudulent, harassing, infringing, libelous, or otherwise unethical content. Further, you shall not use the Service for distributing junk mail, chain letters, "spamming," telephonic solicitations of any kind or nature, or other such communications or content, regardless of whether or not such content is solicited or unsolicited.
6.4 212.io reserves the right to restrict termination to certain geographical regions and/or certain special services hotlines at its sole discretion. Additionally, 212.io reserves the right to refuse service to certain geographical regions at its sole discretion
6.5 212.io may immediately cancel your Service and repossess any and all phone number(s) associated with your account if/when your use of the Service(s) provided to you interfere in any way with 212.io 's ability to provide Service(s) and products to its other customers.
6.6 Your use of the Service(s) provided you by 212.io subjects you to any and all federal, state, and local laws within the fifty states of the Continental United States of America and/or any and all international laws and regulations.
6.7 Should your use of the Service(s) provided you by 212.io be deemed of a fraudulent, unethical, or otherwise prohibited nature, by 212.io, 212.io reserves the right to immediately close your account, terminate all Service to it, and repossess and re-assign any and all phone number(s) associated with said account, and deem forfeit any remaining balance on your 212.io account. 212.io shall not be held liable for any harm or loss you experience as a result of such actions.
6.8 The Services may not be used to support a calling card platform of any kind.
6.9 Foreign carriers and/or regulatory agencies may impose, upon the end-to-end international service they provide, limitations, restrictions and/or cease entirely your ability to use the Service 212.io provides you at anytime, without prior notice. In such case, you must conform to said limitations, restrictions and/or entire cessation of service by the foreign carriers and/or regulatory agencies
6.10 You are not authorized to charge services provided to you to the phone number(s) assigned to you by 212.io and you may not request that any third-party service provider charge any such services to any number(s) provided you by 212.io. Any such activity will constitute just cause for 212.io to immediately cancel your Service and charge your credit/debit card for said charges. 212.io shall not be held liable for any harm, loss or damages arising from such actions.
6.11 We may temporarily suspend and/or cancel Service to your account if you change your ring-to destination to a geographical region in which we prohibit termination. In such case, your account and phone number(s) will be disabled until your account is manually reviewed by our staff and/or cancelled entirely.
6.12 You agree to comply with all applicable foreign and domestic laws and rules and regulations regarding the transmission of technical data exported or imported from the United States to your ring-to destination country. Further, you agree to hold 212.io harmless of any damages or liabilities, of any kind, related to your violation of US and/or International laws, rules and/or regulations while you are a customer of 212.io.
ARTICLE 7- FREE TRIAL OFFER
7.1 212.io reserves the right to amend and/or discontinue its free trial offer at anytime without prior notification.
7.2 212.io reserves the right to establish and/or amend the criteria for qualification of its free trial offer at anytime, without prior notification. Further, not all accounts will qualify.
7.3 Basic requirements for our free trial offer include, but are not limited to the following:
- You have presented a valid credit/debit card for payment; and you are the legal and authorized user and owner of said credit/debit card.
- Upon AUTHORIZATION, your credit/debit card is approved by your bank or financial institution.
- You have completed our email verification process.
- You have had no previous account(s) with 212.io.
- Your order is approved upon manual review by our support and sales staff.
7.4 By signing up for our free trial offer you are hereby authorizing 212.io to initiate an AUTHORIZATION against your credit/debit card's available balance in an amount equal to the total monthly/annual cost of the phone number(s) you have ordered; this means that the funds that are authorized may not be considered available funds in said account. Further, once the free trial concludes, 212.io will immediately charge the credit/debit card you have presented for payment, regardless of whether or not you used the Service during the free trial period, without further authorization, unless you present a different credit/debit card (which would then be billed immediately) or if you arrange to cancel Service prior to the conclusion of the free trial period. This immediate charge to your credit/debit card, following the free trial period, is completely NON-REFUNDABLE.
7.5 Conclusion of the free trial period does not automatically terminate your Service rather it converts your account into a regular and ongoing paid account. You will be billed immediately after the free trial period and each month thereafter unless you arrange to cancel the Services.
7.6 If you are granted our free trial offer, your free trial will expire at the end of the stated term or upon the exhaustion of the free call time credit, whichever should occur first. If you do not cancel the Service during the free trial period, you authorize us to charge your credit/debit card immediately following the free trial period, for the minimum monthly and/or annual dues and any overages, and to continue charging the credit/debit card(s) on file for your account, without prior notice to you, each month or whenever your balance reaches its low balance threshold or, until such time as you cancel your Service and all fees and charges due have been paid in full.
7.7 The free trial/demo call time credit may not be transferred, exchanged, refunded, or used to pay monthly Service charge(s), unbilled charges or any other fees and charges of 212.io.
7.8 If you cancel before the free trial/demo expires you will not be billed for the account you have cancelled. If you cancel before the free trial/demo expires, the authorization against your credit/debit card may remain in effect for 3-4 additional days after cancellation. You may wish to contact your bank or financial institution to ascertain their policies in such matters, as each bank and/or financial institution varies in their policies on such matters.
7.9 During the setup of your account, any and all phone number(s) you order will remain in our pool of available phone numbers until you have completed the order process and your account has been approved and activated by 212.io; it is possible, while your account is waiting to be activated by 212.io, for another subscriber to purchase the phone number(s) you selected before your account was approved and activated. In such case, once your account is approved and activated, you will need to select a different phone number(s) from our pool of available phone numbers.
7.10 While we make every effort to review and activate accounts instantly, it is not uncommon to experience a brief delay. If this occurs, during this brief period, any phone number(s) you selected at sign-up will remain in our pool of available phone numbers and may be purchased by another subscriber. In such case, you will need to select a different phone number(s) if/when your 212.io account is activated. 212.io shall not be liable for any harm or loss arising from such a case.
ARTICLE 8- INSTANT ACTIVATION
8.1 If you provide a free email address at sign-up (i.e., Yahoo!, Gmail, Hotmail, Live, etc.) your account may not be activated instantly. Additionally, we may require that you submit images of the front and back of the credit/debit card you've presented and images of your official identification (if your selected payment method is other than a credit/debit card, an image of your official identification may be required) before your account can be approved. Please allow at least 24 business hours for processing of this information.
8.2 You may not begin using the phone number(s) you've ordered until such time as your account is approved and activated by us.
ARTICLE 9- REGISTRATION
9.1 When signing up for our Services you agree to furnish a true and accurate representation of your identity, contact information, and billing information; and at subsequent times at the request of 212.io. If you provide false or misleading information, or if we have reason to believe that you have presented false or misleading information, we reserve the right to cancel your account, any Services related to your account, and refuse any and all of your current and future attempts to establish Service with us.
9.2 If you attempt to sign up for an account that is affiliated, in any way, to an account that has been closed by our Legal Department, your request for Service will be denied and you will need to seek services elsewhere.
ARTICLE 10- FEES, TAXES AND OTHER CHARGES
10.1 If we cannot collect payment from your credit/debit card(s), on the payment due date, regardless of whether or not your Service is suspended by 212.io, your account will be closed within 29 days, your phone number(s) repossessed and re-assigned, and a late fee of 1.5%, or the maximum late fee applicable in your jurisdiction, will be assessed to your total outstanding balance. If your payment method is a manual payment, you must remit payment at least 4 days before the due date; regardless of whether or not your Service is suspended by 212.io if payment is not received within 4 days of the due date, your account will be closed within 29 days of the 4th day before the due date, your phone number(s) repossessed and re-assigned, and a late fee of 1.5%, or the maximum late fee applicable in your jurisdiction, will be assessed to your total outstanding balance.
10.2 You agree to pay 212.io all fees and charges as set forth on the 212.io operated website. Further, you agree to pay all applicable taxes, surcharges and other government imposed fees for use of the Service(s) provided you by 212.io unless you furnish us with proper and officially recognized tax exemption documentation. In the case that you furnish proper and officially recognized tax exemption documentation, said tax exemption will only apply from the date we receive said document, forward. You agree that the filing of all applications and/or forms or statements and reports, with respect to payment of taxes to federal, state and/or local taxing agencies and/or authorities, is your sole responsibility; you hereby release 212.io from any and all responsibility and/or harm and loss with respect to this provision.
10.3 You will be billed for all traffic volume you accumulate per the pricing schedule outlined on our website, regardless of whether or not such volume was accumulated as a result of solicited or unsolicited calls, calls intended for you or not. All billings for all traffic volume are billed in per-minute increments; further, we will round partial minutes up to the next full minute. Additionally, we will bill fractional usage charges in full cents and will round cents up when the value is $0.005 or more and down when the value is less than $0.005, unless we expressly state otherwise on our website.
10.4 Any federal, state, and/or local fees and/or taxes levied against 212.io as a result of your use of the Service will be charged to your 212.io account unless you provide proper and recognized tax exemption documentation.
10.5 Any chargeback(s) or "inquiry" received by 212.io, with respect to a form of payment being used on your account, is just cause for 212.io to immediately cancel your Service(s). Further, any and all phone number(s) associated with your account will be repossessed and may be re-assigned to another customer. Additionally, a $35USD fee will be assessed to your account per each chargeback/inquiry received. We may refuse to provide Service to you indefinitely as a result of any chargeback/inquiry. Should we approve your request to re-open the account, or any other account, at a later time, you must first satisfy the following requirements:
- Pay ALL outstanding fees and other charges associated with the account that was cancelled as a result of the chargeback(s).
- Pay a Service Deposit of $150USD in addition to all outstanding fees and other charges associated with the account(s) associated with the chargeback(s) and/or inquiry(s). The Service Deposit will then be applied to the account you wish to open or reestablish.
- Complete and return to us an Authorization Form, including all necessary components thereof.
- Depending on the severity of the chargeback and/or inquiry, we may decline to accept any credit/debit card payments for your account(s); in such case you must send any and all future payments via either certified money order or wire transfer (this includes payment of the outstanding fees and charges plus the restoration of service deposit).
10.5 Should you leave an outstanding balance on your account and later return to re-open the account or establish a new account, 212.io reserves the right to charge the credit/debit card you present to recover the outstanding balance owed on your previous account. Should you leave an outstanding balance and later return to re-open the account or establish new service, and you do not use a credit/debit card to fund the account, 212.io reserves the right to first apply any and all payment(s) to your outstanding balance until it is PAID IN FULL. Additionally, you must complete and return to us a signed Outstanding Balance Recovery Authorization form before we can open your account.
10.7 Any and all handling fees, taxes, or any other fee(s) assessed to your account and/or listed in this TOS agreement are completely NON-REFUNDABLE.
10.8 Any fee(s) not listed in this agreement are posted on the 212.io operated website for your review.
ARTICLE 11- PAYMENTS AND BILLING
11.1 Payment(s) are due, in full, on the first day of each monthly/annual term ("due date "). If payment is not received on or by the due date and you do not have sufficient credit allowance, 212.io will suspend your Service until payment has been received and posted to your account. Annual plans are prepaid a year in advance in order to take advantage of price savings. In addition to the prepaid amount for the year, you must pay for any minutes used over what is provided by your plan. Failure to pay for the additional minutes will result in your account being suspended. If you cancel service before your year ends or if service is terminated for any reason, you will not be reimbursed for the months not used.
11.2 Pricing information may be at: www.212.io. We may increase or decrease our prices from time to time, without prior notice. If notice is given, such notice will be considered given and effective on the date such changes are made to the price schedule and/or posted at the 212.io website address. The new prices listed there supersede any and all previously agreed to prices.
11.3 You may obtain a monthly billing statement detailing usage for the previous month by accessing your online web account at the 212.io operated website at the beginning of each month.
11.4 212.io reserves the right to suspend or cancel your account and repossess and re-assign any phone number(s) associated with your account, without prior notice, for non-payment or any violation of any provision of this agreement.
11.5 You agree that you are solely responsible for ensuring that you maintain an adequate 212.io account balance. While we may periodically send you email notifications regarding your account's status, we are not obligated to do so. Accordingly, in the event that we attempt to notify you of your account's status and are unsuccessful, you hold 212.io harmless of any harm or loss resulting from the suspension and/or cancellation of your account and/or repossession and re-assignment of your phone number(s) as a result of the same.
11.6 We reserve the right to obtain payment from any and all credit/debit card(s) on file for your account with 212.io, at anytime, without further authorization. Further, if payment is not immediately available on said card(s), we reserve the right to continue to attempt to obtain payment until such a time as payment is successful.
11.7 If, as a result of our billing system and processes, your bank or financial account becomes overdrawn, you will be the sole party responsible for said fee(s). 212.io will not reimburse you for any such fee(s) nor shall it be liable for any harm or loss you experience as a result of such.
11.8 All monies are payable to 212.io in US currency only. If you send funds in any other currency, 212.io may either reject your payment or convert the payment into US dollars using the exchange rate in effect at that time and assess a 2.5% conversion fee on your payment, which will be deducted from the payment after conversion.
11.9 If 212.io finds that you are unable to pay for your Service, 212.io reserves the right to require that you fund your account within a specified number of days and that all future payment(s) be made via money order or wire transfer only.
11.10 The monthly/annual minimum fee(s) are due each month, regardless of usage. Any unused included plan minutes will expire at the end of each month and will NOT "rollover" for future use.
11.11 We will not honor any limiting notations you make on/with your check, money order, wire transfer, PayPal, and/or credit card payment(s).
11.12 We reserve the right to dispute any chargeback initiated by you or your bank. Further, you agree that 212.io may furnish any and all information it has on file for your account to the chargeback originating banking or financial Institution in an effort to validate our dispute of the chargeback(s).
11.13 You are solely responsible for updating your payment method whenever changes occur such as a change in your billing address, name, credit/debit card number, lost/stolen credit/debit card, and the like.
11.14 When you receive your credit/debit card statement(s) our name may appear on your statement as "212.io".
ARTICLE 12- AFFILIATE PROGRAMS
12.1 We may, at our sole discretion, offer affiliate-based programs that offer bonuses and/or credits to 212.io subscribers who participate in such programs. These bonuses and/or credit(s) may not be transferred, exchanged, refunded, or used to pay monthly/annual Service charge(s), unbilled charges, or any other fees and charges of 212.io; further, such bonuses and/or credit(s) may not be redeemed upon your account's cancellation or suspension.
12.2 Bonuses for participation in any our affiliate based programs are given only for the first six months of your participation in said program. No further bonuses/credits will be applied to your account when your participation in said program exceeds six months.
12.3 We reserve the right to discontinue any and/or all of our affiliate based programs at anytime, without further notice to you. Additionally, we reserve the right to modify, amend, adjust or cancel the bonus structure of any of our affiliate based programs at anytime, without further notice.
12.4 We reserve the right to determine the criteria and qualifications for our affiliate based programs. Not all accounts will qualify.
ARTICLE 13- VANITY/CUSTOM PHONE NUMBERS
13.1 If you order a vanity/custom phone number(s) (e.g., 212-O-VANITY), we ask that you please allow at least 2-5 business days for processing of your order. If the vanity phone number you have requested is available for purchase, and we secure the phone number(s) for you, we will send you an email notification to that effect.
13.2 You should not publish a vanity/custom phone number(s) you order until such time as we have given you written notice that the phone number(s) you have ordered are activated on your 212.io account and you have thoroughly tested the phone number(s) to ensure that the functionality of said number(s) suits your needs. If you fail to adhere to this provision, or any other provision of this TOS agreement, you do so at your own risk.
13.3 If your Service is cancelled, for any reason, your previously assigned vanity/custom phone number may be re-assigned, immediately, to another subscriber.
ARTICLE 14- PORTABILITY
14.1 You agree that 212.io maintains exclusive ownership of the Service(s) and number(s) it provides to you.
14.2 You may not port a phone number(s) away from 212.io without written consent from 212.io and provided your account with 212.io is active, in good standing, all monthly and/or annual dues (including any unbilled charges and/or fees) have been PAID IN FULL. If your 212.io account does not satisfy ALL of the aforementioned criteria, 212.io reserves the right to reject your request to port said phone number(s) away from 212.io and you hereby waive any right to contest the rejection. If the port is successful, we will terminate our Service for that phone number(s); if unsuccessful, for any reason, our Service to the phone number(s) you were attempting to port away from 212.io will not terminate and you will continue to be responsible for paying 212.io all charges and fees for the phone number(s) in question.
14.3 A successful port request does not constitute the cancellation of your 212.io account. If you request to port a phone number(s) away from 212.io and your request is approved and the phone number(s) released, you will remain responsible for any and all phone number(s) and/or Services you still have with us. You will continue to be responsible for all charges and fees associated with the remaining Services on your account with 212.io until such time as you cancel your Service with us ENTIRELY.
14.4 You may not port away a phone number you have been assigned during the free trial period. Any attempts to do so will be rejected and will subject your free trial account to immediate cancelation.
14.5 You will incur a $300 cancelation fee if the service is terminated by porting a number out of the system in the first year of service.
ARTICLE 15- REFUND POLICY
15.1 212.io will, upon your request, issue a refund of the UNUSED portion of your 212.io account balance less any monthly dues and/or fees and other charges. All refunds must be processed through 212.io and NOT BY CONTACTING YOUR CREDIT CARD COMPANY.
15.2 If you request a refund, funds will be refunded only to the same person or organization as named on the account. Refunds will be made either using the same form of payment that has been used on the account, credit card, PayPal, bank check, money order or wire transfer, or a bank check at the sole discretion of 212.io.
15.3 If you request a refund, and the original form of payment was a credit/debit card, and the refund cannot be processed back to said card, for whatever reason, you must setup a PayPal account (if you don't already have one) in order to receive your refund. Once you have established your PayPal account you should notify our Billing Department directly to inform them of the particulars of the PayPal account you would like your refund issued to.
15.4 If you make a payment to 212.io, and 212.io suspects that you are or have been associated with fraud using our Service, your payment will be deemed forfeit immediately upon receipt. Accordingly, you will not be eligible for a refund of monies paid to 212.io. 212.io shall not be held liable for any harm or loss resulting from such action.
15.5 No credit allowance(s)/refund(s) will be issued, whatsoever, for any of the following, including but not limited to: non-usage, interruption of service, hung call(s), misdialed call(s), or any other activity, which increases your call volume and/or account usage.
15.6 If you do not agree with a charge(s) to your account and/or credit/debit card, with respect to your account with 212.io, you must notify us in writing both at email@example.com and at the address written below, within thirty (30) days of the disputed transaction, with details substantiating the request. If you fail to notify us, as outlined above, within the time frame specified above, you agree to waive any and all right(s) to contest the transaction(s) in question. In no way does a billing adjustment/refund request constitute just cause for any delay in payment of the full amount due. Should 212.io find that the billing adjustment/refund request is warranted, 212.io will issue a credit to your 212.io account within thirty (30) days of said decision.
- 261 Madison Ave
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ARTICLE 16- CANCELLATION POLICY
16.1 You may cancel your account with 212.io, via phone, during our normal business hours, provided all agreed upon monthly and/or annual or other dues and all outstanding fees have been PAID IN FULL. If you cancel your account prior to the end of the monthly or annual term (if applicable), you will still be responsible for the dues for that term and any other unbilled charges and/or fees, to the end of the term; the sum total of this amount is due immediately and will be charged to your payment method. WE DO NOT ISSUE REFUNDS/CREDITS FOR ANY PARTIAL-MONTH'S SERVICE.
16.2 212.io reserves the right to discontinue furnishing Services to you, cancel your account, and/or block your access to our network and online interface, without incurring liability and without prior notice, if you breach any provision of this agreement in any way or if we deem such action necessary to protect us from fraud or otherwise protect our personnel, facilities or services. Without limitation, we may take any and all of the actions listed within this agreement at our sole discretion. Further, we reserve the right to suspend or discontinue service generally, at anytime, without prior notice.
16.3 If your account is cancelled, cancellation will take immediate effect. All Service(s) associated with your account will be immediately disabled and may not be available at a later date/time. Any and all phone number(s) associated with your account will be recycled back into our pool of available phone numbers for other customers to purchase. You will not be able to use any of the facilities and/or Services associated with your account after cancellation.
16.4 212.io does not have the ability to schedule cancellation for a future time/date.
16.5 Cancellation may be made by email or by removing your number(s) from your account.
16.6 You understand that following the cancellation of your service, for any reason, your previously assigned phone number(s) may be re-assigned, immediately, to another customer. Further, you agree that 212.io shall not be liable for any damages (including but not limited to consequential or special damages) arising out of any such re-assignment and you hereby waive any claims with respect to such re-assignment, whether based on contractual, tort or other grounds, even if 212.io has been advised of the possibility of damages.
ARTICLE 17- OUR RIGHTS TO LIMIT OR TERMINATE SERVICE OR THIS AGREEMENT
17.1 212.io can, without prior notice, limit or terminate the Service(s) it provides to you for this or any other good cause, including but not limited to: (I) if you or any user of your 212.io account: (a) breach this agreement in any way; (b) provide false or misleading information about your identity; (c) use our service in any way that disrupts our ability to provide Services to our existing customers; (d) use our service in any way that adversely affects our relationship with our vendors and/or our ability to offer Services to our future customers; (e) provide false or misleading credit and/or financial information to us; (f) become insolvent or go bankrupt; (g) are involved, either directly or indirectly, in any official police investigation 212.io receives notification of; (h) constantly express your dissatisfaction with our Service and hinder, in any way, our ability to remedy any issues you may have with your Service (which may include, but is not limited to: constant phone calls and/or emails to us about the issues you have reported); (i) steal from us; j) interfere with our operations and/or network quality in any way; (k) refuse to pay when billed for service; (l) refuse to furnish information requested by us or present false or misleading information which is essential for billing purposes or for establishing your creditworthiness; (m) act in a manner that is threatening, harassing, obscene, or otherwise inappropriate and/or abusive towards our representatives; (n) use our services in a fraudulent manner with the intent to deceive; (o) have been given written notice of an outstanding balance owed to us yet your balance remains unpaid for twenty-nine (29) days; (p) were previously served with notice of your breach of this agreement, were allowed to and took corrective action, but thereafter engaged in the same breach activity or a new breach of this agreement; (q) act in a manner that hinders or frustrates any investigation by us or others having legal authority to investigate our legal obligations.
17.2 If you file for bankruptcy, our rights to limit and/or terminate your Service and/or this agreement shall be governed by bankruptcy law.
17.3 212.io may limit or terminate your Service as a result of any new governmental regulations and policies, whether domestic or international, which it must adhere to.
ARTICLE 18- WARRANTY DISCLAIMER
212.io WILL MAKE ALL REASONABLE EFFORTS, UNDER THE CIRCUMSTANCES, TO MAINTAIN ITS OVERALL NETWORK QUALITY. 212.io MAKES NO WARRANTIES ABOUT THE SERVICE PROVIDED HEREUNDER, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTIBILITY, COMPLETENESS, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. ACCORDINGLY, ALL SERVICES OFFERED BY 212.io ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO CREDIT ALLOWANCES ARE PROVIDED FOR INTERUPTION OF SERVICE OF ANY KIND. IN NO EVENT SHALL 212.io BE HELD LIABLE TO YOU NOR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, ACTUAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION TO, DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, OR LOSS OF YOUR CLIENT(S) GOODWILL, ARISING IN ANY MANNER FROM THIS AGREEMENT AND OR THE PERFORMANCE OR NONPERFORMANCE HEREUNDER. NEITHER PARTY SHALL BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE OF ANY PARTY OF THIS AGREEMENT, OTHER THAN FOR ANY DELAY OR FAILURE IN AN OBLIGATION TO PAY MONEY, TO THE EXTENT SUCH DELAY OR FAILURE IS CAUSED BY FIRE, FLOOD, EXPLOSION, ACCIDENT, WAR STRIKE, EMBARGO, GOVERNMENTAL REQUIREMENT, CIVIL OR MILITARY AUTHORITY, ACT OF GOD, INABILITY TO SECURE MATERIALS OR LABOR, OR ANY OTHER CAUSES BEYOND THEIR REASONABLE CONTROL. ANY SUCH DELAY OR FAILURE SHALL SUSPEND THIS AGREEMENT UNTIL THE FORCE MAJEURE CEASES AND THE TERM SHALL BE EXTENDED BY THE LENGTH OF THE SUSPENSION. THIS AGREEMENT SUPERCEDES ANY AND ALL PRESENT AND FUTURE AGREEMENTS MADE BETWEEN YOU AND 212.io WITH RESPECT TO QUALITY, UP-TIME, RELIABILTY, AND GENERAL PERFORMANCE. 212.io DOES NOT WARRANTY THE RELIABILTY, UP-TIME, QUALITY, AND GENRAL PERFORMANCE OF THE SERIVCE IT PROVIDES TO YOU. FURTHER, 212.io MAKES NO WARRANTY THAT THE SERVICE(S) IT PROVIDES TO YOU WILL BE UNINTERRUPTED.
ARTICLE 19- PROPRIETARY
19.1 212.io maintains exclusive ownership of the service interest and title, including but not limited to all of its trademarks, copyrights and other intellectual property. Additionally, 212.io maintains sole and exclusive ownership of the all telephone numbers and/or fax numbers managed by 212.io's system, voicemail services offered through 212.io, fax services offered through 212.io and all technologies and software it creates. Any and all rights not expressly stated herein are retained by 212.io.
19.2 We reserve the right not to disclose our carrier/supplier information to you.
ARTICLE 20- COMMUNICATIONS
20.1 Notices are given by 212.io via email, by a general posting on the 212.io website and/or via telephone. 212.io reserves the right to determine which method of communication it employs to communicate with you.
20.2 212.io will make all reasonable efforts to deliver email notifications to you regarding the status of your account. It is beyond our control if you do not receive the communications we attempt to deliver to your email address. 212.io shall not be liable for any harm or loss resulting from the suspension, repossession and/or re-assignment of your assigned phone number(s) and/or cancellation of your account because you did not receive our email communications. Further, we may change or cease entirely all notifications at anytime without prior notice.
20.3 You agree to waive your rights under these Terms of Service to receive ten (10) days advance notice of the amount that we will debit from your credit/debit card(s) on file for your 212.io account. While we may send you email notices from time to time regarding the billing matters of your account, we are not obligated to do so. We may change or cease entirely our notifications at anytime without prior notice.
20.4 When contacting us via email, voicemail, fax and/or postal mail, we ask that you allow at least 24 business hours, from the time we receive your inquiry, to receive a response from us. Occasionally, response times may be greater, depending on the volume of communications we receive from our other customers. All communications we receive are handled in the order in which they were received. If you do not receive a response within 24 business hours, we strongly recommend that you contact us by phone (during our normal business hours) to have your concerns addressed; if you fail to make such contact, in such case, you do so at your own risk and your matter will remain in the queue until it is handled by our support staff.
20.5 When communicating with us via phone you may be asked to verify your account number, the name on file for your account, and the full billing address you provided; if you are unable to verify this very basic information our support staff will be unable to assist you. We ask that you please call back when you have this information available.
20.6 By providing your number, you consent to receiving up to 3 SMS marketing messages from (212) 225-8700. 212.io will not charge you for text messages; however standard message and data rates may apply. To opt out of 212.io's text messaging program, send the word STOP to (212) 225-8700 at any time. You understand and agree that text messages sent to your mobile phone/device may be generated using automated technology.
ARTICLE 21- PRIVACY
21.1 In cooperation with any official investigation, we may disclose any and all of the information we maintain on record for your account, to any police agency, legal entity, and/or any other third party, which issues us a subpoena(s), search warrant(s), court order(s), or any other official demand(s) for information we maintain on record for your account. In the event that we receive a subpoena(s), search warrant(s), court order(s), and/or any other official demand(s) for information we maintain on record for your account, we reserve the right to immediately cancel your Service, repossess and re-assign any phone number(s) associated with your account and block your access to our website. 212.io shall not be held liable for any harm or loss arising from such.
21.2 We may monitor your use of the Service we provide you for violations of this TOS agreement. We may take all necessary actions, we deem fit, if we suspect a breach of this agreement or if think it necessary to protect us from imminent harm or loss.
21.3 During the term of this Agreement, Customer grants the Company a license to use the Customer's name and logo, if applicable, in the Company's promotional material to advertise that the Customer is a client of the Company. The Company agrees that it shall not share, sell, trade, barter, or offer for free the use of the Customer's name, logo, and affiliate data to any other individual, corporation, or entity that is not owned in whole or in part by the Company.
21.4 In an effort to protect our subscribers from credit/debit card fraud, 212.io actively analyzes all new accounts and existing accounts to identify and block individuals suspected of fraud from using our Service now and in the future. We may share this data (including, but not limited to, IP addresses, email addresses, the credit/debit card number(s) used, etc.) with third-party payment processors and/or Law Enforcement agencies in an effort to reduce fraud.
ARTICLE 22- BINDING AGREEMENT
22.1 This is a binding agreement. All parties named herein agree to be bound by the terms of this agreement for the life of this agreement.
22.2 You may not transfer your rights and/or obligations under this agreement without the expressed prior written consent of 212.io.
ARTICLE 23- HEADINGS OF NO FORCE OR EFFECT
23.1 The headings throughout this agreement are intended for reference only and have no effect or bearing on the meaning of any provision listed herein.
ARTICLE 24- INDEMNIFICATION
24.1 You shall defend, indemnify, and hold harmless 212.io, its officers, directors, employees, and agents from any breach of this Agreement, use of Customer's account or in connection with the placement or transmission of any message, information, software or other content using the Services. 212.io shall be defended by attorneys of their choice at Customer's expense.
ARTICLE 25- SEVERABILITY
25.1 Should any parts of this agreement be legally declared invalid or unenforceable, all other parts of this agreement will remain valid and enforceable. In such a case, said invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this agreement.
ARTICLE 26- ADDITIONAL PROVISIONS
26.1 Should a problem/issue arise with the Service you must notify us immediately so that we may remedy, to the best of our ability, the problem/issue you are having with the Service; if we are unable to remedy the problem you are having with the Service you will be offered a replacement phone number(s), at an equal or greater monthly cost. If you opt not to take the replacement phone number(s), you may continue to use the problematic Service at your own risk.
26.2 You are responsible for reviewing the TOS available on the 212.io website for any amendments to this agreement and/or our rates and/or other amendments to our Service. Your continued use of the Service, after 212.io's posting of any amended version of its TOS, rates, and/or modifications to its Service, constitutes your acceptance and agreement with any and all amendments made and such modifications/amendments supersede any previous agreements between you and 212.io.
26.3 As we are a US-based company, we observe all US national holidays. During such times, our offices will be closed; our regular business hours will resume following the holiday period. If you have in inquiry during a period in which our offices are closed, please send us an email at firstname.lastname@example.org.
26.4 Should you violate any term(s) of this agreement, 212.io reserves the right to immediately cancel all Service(s) it provides to you.
26.5 You promise that you are of legal age to enter into this agreement and that you fully understand and fully agree with all of its terms and conditions.
26.6 ALL content on this site is copyright protected and may not be reproduced, adopted, or transmitted without the prior written consent of 212.io.
26.7 This constitutes the entire Terms of Service agreement between the parties named herein and this agreement may only be amended by 212.io.