peak voiz

I. THE AGREEMENT
These Terms and Conditions constitute the agreement (the "Agreement") between Peak Telecom A/S ("Peak VoiZ", us or we) and the user ("you," “your, "user" or "customer") of the Peak VoiZ (“VoIP”) communications services and any related products or services ("Service"). For purposes of the Agreement, "you" means the customer, defined as either (i) the person identified in Peak VoiZ’s account records as responsible for payment of all charges; or (ii) any other person with actual or apparent authority to represent that person or to use the Service(s).

BY ENROLLING IN, USING, OR PAYING FOR THE PEAK VOIZ SERVICES, YOU AGREE TO THE PRICES, CHARGES & TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE PRICES, CHARGES & TERMS AND CONDITIONS, KINDLY REFRAIN FROM USING THE SERVICES AND CANCEL THE SERVICES IMMEDIATELY BY CALLING PEAK VOIZ’S CUSTOMER CARE CENTRE FOR FURTHER DIRECTIONS.

The Agreement governs the Service and any devices, such as the Analog Telephone Adapter, SIP phone, USB phone etc. or any other IP connection device ("Device" or "Equipment"), used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understood, and you agree to, the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms.

Peak Telecom A/S may change the Terms and Conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted at www.peakvoiz.com. The Agreement posted supersedes all previously agreed to electronic and written Terms and Conditions.

The rates and charges for the Service, which may be found at www.peakvoiz.com, are effective as ofApril 1, 2009 and are subject to change. For your most current rates and charges, the most current version of the Agreement, or if you have questions about your Services, please visit our website at www.peakvoiz.com (see Rates and Terms & Conditions link) or call Peak VoiZ’s Customer Care Centre for any clarification that you may seek.

II. Peak VoiZ’s EMERGENCY CALLING SERVICE
You acknowledge and understand that as of now, no emergency calling service is offered as part of the service. In case, Peak Telecom A/S decides to offer any emergency calling service or offers any emergency calling service, you will be given advance written information. You also agree to inform any household resident(s), guest(s) and other third part(ies) who may be present at the physical location where you may use Peak VoiZ’s Service about the non-availability of emergency calling services.

III. SERVICE
A. Term
The Service will offered on a monthly basis for a term that begins on the date that your Peak VoiZ account is activated, (the "Activation Date") and ends on the day your account is de-activated. In order to de-activate the account, call Peak VoiZ’s Customer Care Centre and intimate them of your decision. Within two (2) working days, your account will be de-activated. Subsequent terms of this Agreement are applicable till the expiry of your account. You are purchasing the Service for full monthly or yearly terms as you have chosen, meaning that if you terminate Service before the end of a monthly or yearly term, you will be responsible for the full month's or year’s charges to the end of the then-current term, including without limitation unbilled charges, plus any applicable disconnect fee (as described below), all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement.

B. Disconnect Fee

As of now, Peak VoiZ does not charge any disconnect fee. However, this need not be the case forever. Should there be any change in this regard, you will be intimated, before such charges are applicable and binding on you. You can also check with our Customer Care Center for any updated in this regard.

C. Upgrade or Downgrades

As of now, Peak VoiZ does not offer any upgrade or downgrade. However, this need not be the case forever. Should there be any change in this regard, you will be intimated, before such charges are applicable and binding on you. You can also check with our Customer Care Center for any updated in this regard.

D. Money Back Guarantee

Peak VoiZ offers only the best possible service and quality at affordable rates. There is no question of offering low grade services and hence no question of money back guarantees either.

E. Notice of Rate/Price Changes

Peak VoiZ may change the rates, prices and charges for the Services at anytime and such changes will be effective immediately. Such changes to rates, prices, charges, or terms or conditions in the Agreement will be reflected on www.peakvoiz.com and will be incorporated by reference into this Agreement. From time to time, Peak VoiZ may offer new rate plans and such rate plans may be available to customers upon request by contacting Customer Care. New rate plan request may take up to 3 business days to take effect and calls made prior to the new effective date will be charged at the previous plan rates.

F. Rounding Policy

For billing purposes, the length of each metered call is rounded as described in each Calling Plan. If the computed charge for a call includes a fraction of a cent, the fraction is rounded up to the nearest whole cent. If the computed charges for taxes and surcharges include a fraction of a cent, the fraction is rounded up to the nearest whole cent.

G. Calls to International Mobile Telephones; International Special Services Calls

Peak VoiZ’s advertised rates for international calls are generally the rates charged for calls to landline telephones. Some calls to international mobile telephones, or to international telephone numbers considered to be special services calls, are charged a different (usually higher) rate than calls to landline telephones. The rates you will be charged are set forth in the calling plan rate tables.

H. Timing of Calls

Generally, timing of metered calls begins when the called party or an automated answering device (such as an answering machine or a facsimile machine) answers the call, and ends when one of the parties disconnects from the call. However, some foreign carriers (with whom Peak VoiZ must interconnect in order to terminate calls to foreign countries) designate a call as "answered" when the called party's line rings or after a certain number of rings, and will charge Peak VoiZ for a completed call. In these situations, Peak VoiZ will charge for the call as if it were answered by the called party.

I. Loss of Service Due to Power Failure

The Service does not function without power. Should there be an interruption in the power supply, the Service will not function until power is restored. A power failure or disruption may require you to login again before using the Service.

J. Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software

The Service and Device and any firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on Peak VoiZ's website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of Peak VoiZ are and shall remain the exclusive property of Peak VoiZ and nothing in this Agreement shall grant you the right to license or to use such marks.

K. Service Distinctions

You acknowledge and understand that the Service is not a telephone service. Important distinctions exist between telephone service and the enhanced Service offering provided by Peak VoiZ. The Service is subject to different regulatory treatment than phone service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.

L. Collect Call and Operator Services

Peak VoiZ does not offer collect call or operator services via this Service.

M. International DIDs or phone numbers

Customers that have international direct inward dial phone numbers ("DIDs") are provided with these numbers based on current Danish and overseas regulations. These regulations are subject to change without notice and Peak VoiZ may be required to discontinue this Service, without notice. Peak VoiZ reserves the right to discontinue International DID services for any reason at any time and is only obligated to refund the pro-rated monthly fee.

N. International Services

1. Foreign Carrier Restrictions. Foreign carriers or regulatory agencies may impose, upon the portion of the end-to-end international service or facilities they provide, certain limitations or restrictions that may limit your ability use the Peak VoiZ Services. You must conform to any limitations or restrictions imposed by the foreign carriers or agencies.

2. Foreign Carrier Acts or Omissions.

a. When foreign carriers and foreign telecommunications administrations use facilities to establish connections to points not reached by Peak VoiZ's network, Peak VoiZ is not liable for acts or omissions of other carriers or foreign telecommunications administrations.

b. International calls are priced on the basis of the country and city codes dialed by you. When the facilities of other foreign carriers are used in establishing connections to points not reached by Peak VoiZ's network, Peak VoiZ is not liable for refunds or damages if those calls do not terminate in the country, city or area codes associated with the called number.

O. Surcharges

In addition to surcharges that may be found in the applicable Calling Plan, Peak VoiZ may adjust its rates and charges or impose additional rates and charges to recover amounts it is required or permitted by governmental or quasi-governmental authorities to collect from others or pay to others in support of statutory or regulatory funds or programs ("Governmental Charges").

P. Taxes

1. All taxes, tax-like charges, and tax-related surcharges are referred to collectively as "Tax(es)." Peak VoiZ may elect to impose and collect such Taxes, unless otherwise constrained by court order or direction.

2. You agree to pay all Taxes imposed.

IV. RESTRICTIONS ON THE USE OF SERVICE

A. Peak VoiZ offers its Services subject to availability of facilities, limitations of service offerings, and the provisions of this Agreement.

B. Services provided by Peak VoiZ under the Agreement will not be used: (1) for any unlawful purpose; (2) for making telephone calls that use automatic dialing devices and terminate into electronic information services, pay-per-call services, or other domestic or international audiotext services; (3) for international call-back offerings using uncompleted call signaling to any country, when that country has prohibited such an offering by statute or regulatory decision; or (4) for business usage under a residential Service plan.

C. Peak VoiZ may (1) deny, for any lawful reason, your request for Service, or (2) limit or allocate the facilities available to or used by any Service, if necessary, to manage its network in an efficient manner, meet reasonable Service expectations, furnish Service to existing and future customers based on forecasted customer requirements, or for any other lawful reason.

D. Peak VoiZ may, without notice (consistent with governing laws or regulations), block traffic to or from specific countries, country codes, cities, city codes, local telephone exchanges ("NXX exchanges"), individual telephone stations, groups or ranges of individual telephone stations, or calls using certain customer authorization codes, whenever Peak VoiZ deems it necessary to take such action to prevent (1) the unlawful use of Service; (2) nonpayment for Service; (3) the use of Service in violation of this Agreement; or (4) network blockage or the degradation of Service furnished to you or other customers.

Q. PAYMENT OBLIGATIONS

A. You must provide Peak VoiZ with a valid credit card number when the Service is activated. If the credit card expires, you close your credit card account or your billing address changes, or the credit card is cancelled and replaced because of loss or theft, you must advise Peak VoiZ immediately. Peak VoiZ will invoice all charges on a monthly basis, in advance, to your credit card, including but not limited to: activation fees and monthly Service fees, advanced feature charges, Equipment purchases and shipping and handling charges. Any charges not included in your rate plan and any additional usage charges are billed after each billing period. If Peak VoiZ changes its rates, recurring monthly charges affected by such change will be assessed at the new rate for the full billing period during which the new recurring charge rate became effective.

B. Peak VoiZ may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with Peak VoiZ is declined or reversed, your credit card expires and you have not provided Peak VoiZ with a valid replacement credit card or in case of any other non-payment of account charges. Termination of Service for declined or expired card, reversed charges or non-payment leaves you fully liable to Peak VoiZ for all charges accrued before termination and for all costs incurred by Peak VoiZ in collecting such amounts, such as (but not limited to) collection costs and attorney's fees.

C. You are responsible for payment of all charges for Services furnished to you and anyone authorized by you to use your Service. This responsibility is not changed by virtue of any use, misuse, or abuse of your Service undertaken or caused by third parties.

D. You must promptly notify Peak VoiZ of any change in your invoicing address or, if applicable, in the credit card or bank account used for payment. You should notify the Peak VoiZ Customer Care Centre by e-mailing Peak VoiZ at the following address: support@peakvoiz.com.

E. Peak VoiZ will invoice Customer for Services on a monthly basis in advance and all payments are due and payable by Customer without demand or setoff within thirty (30) days from the invoice date (the "Due Date"). Amounts not paid within twenty-nine (29) days of the invoice date will be considered past due. If you make any late payments, and we bill you for the Services, we will charge you a late fee of 1.5%, which we apply to that period's charges and any outstanding charges and late payment charges that remain unpaid at the time of the next bill. If the state law where you receive the Peak VoiZ® Services requires a lower rate, we will apply that rate.

F. If Peak VoiZ becomes concerned at any time about your ability to pay for Services, Peak VoiZ may require that you pay its charges within a specified number of days and that you make such payments in cash or the equivalent of cash.

G. If Peak VoiZ hires a collection agency to collect, or attempt to collect, any charges owed Peak VoiZ, you will be liable to Peak VoiZ for an additional payment equal to 35% of the charges owed, where permitted by applicable law. If Peak VoiZ incurs any fees or expenses, including attorneys' fees, in collecting, or attempting to collect, any charges owed Peak VoiZ other than by hiring a collection agency, you will be liable to Peak VoiZ for the payment of all such fees and expenses reasonably incurred.

H. If billing systems or other support is not available for a Service, feature, surcharge, tax or other charge element at the time of Service provision, Peak VoiZ will bill for that Service, feature, surcharge, or other charge element as soon as it is capable of doing so.

I. No Credit Allowances for Interruption of Service. You acknowledge and agree that the Service is provided "as is." Credit allowances for interruption of Service, including international calling services, will not be provided.

J. If you dispute any charges, you must notify us in writing at support@Peakvoiz.com

R. CANCELLATION OF SERVICE

A. By Customer

1. Cancellation may take up to two business days.

2. Your credit card will be charged for any usage after contacting Peak VoiZ to cancel your Service.

3. All cancellations must be made through Peak VoiZ’s Customer Care Department at the toll-free number listed on the website or by mail to support@peakvoiz.com.

4. All cancellations will be effective on the date that you call Peak VoiZ’s Customer Care Department. Peak VoiZ does not have the ability to schedule a cancellation for a future date.

B. By Peak VoiZ

1. Peak VoiZ reserves the right to discontinue furnishing Services, cancel your account, and/or block your access to Peak VoiZ network, without incurring any liability, immediately and without notice if Peak VoiZ deems that such action is necessary to prevent or to protect against fraud or to otherwise protect Peak VoiZ's personnel, agents, facilities, or Services. Without limitation, Peak VoiZ may take such actions if:

a. You refuse to furnish information or furnish false information that (i) is essential for billing; or (ii) pertains to your creditworthiness, your past or current use of common carrier communications service, or your planned use of such service;

b. You indicate that you will not comply with a request for security for the payment for the Services;

c. Your Service usage charges exceed established parameters based on your history of usage, which may indicate a likelihood of non-payment or possible fraud;

d. You have been given written notice by Peak VoiZ of any past due amount (which remains unpaid, in whole or in part) for any of Peak VoiZ's or an affiliated carrier's service to which you either subscribe or had subscribed or used;

e. You either refuse to pay when billed for Service or indicate to Peak VoiZ, its affiliates, or an entity billing on Peak VoiZ's behalf that you do not intend to pay for Service used by you;

f. You use, or attempt to use, Service with the intent to avoid the payment, either in whole or in part, of the charges for the Service by (i) using or attempting to use Service by rearranging, tampering with, or making connections to the Service in an unauthorized manner; or (ii) using tricks, schemes, false or invalid numbers, false credit devices, or other fraudulent means or devices;

g. You act, or fail to act, in a manner that hinders or frustrates any investigation by Peak VoiZ or others having legal authority to investigate your legal obligations;

h. Your telephone equipment fails to pass back to Peak VoiZ the appropriate signal to start and stop billing for a call;

h. You were previously provided with notice of breach of these terms and conditions or other contract with Peak VoiZ, took corrective action, but thereafter engaged in the same breach activity; or

i. You act in a manner that is threatening, obscene, harassing, or abusive to Peak VoiZ personnel.

j. You act in violation, or your usage is deemed in violation, of Sections III(F). or III(G) above.

2. Peak VoiZ reserves the right to discontinue furnishing Services, cancel your account, and/or block your access to Peak VoiZ network, without incurring any liability, immediately upon written notice to you if:

a. Any invoice charges remain outstanding and owed by you after the thirtieth (30th) day from the date of the invoice notifying you of the charges; or

b. You fail to comply with a request by Peak VoiZ for security for the payment for Services.

3. The discontinuance of Service(s) by Peak VoiZ pursuant to these provisions does not relieve you of any obligation to pay Peak VoiZ for charges due and owing for Service(s) furnished up to the time of discontinuance.

S. LIABILITY

A. Peak VoiZ will not be liable for: (i) any failure of performance due to causes beyond its control, including, but not limited to, acts of God, fires, floods or other catastrophes; national emergencies, insurrections, riots or wars, acts of terrorism, strikes, lockouts, work stoppages or other labor difficulties; and any law, order, regulation or other action of any governing authority or agency thereof; (ii) delayed installation of Peak VoiZ's facilities or commencement of Service; (iii) any damages associated with Devices not provided by Peak VoiZ and/or any third party software (including but not limited to the download thereof) recommended or required for use with any of the Peak VoiZ accessories.

B. IN NO EVENT WILL PEAK VOIZ BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, INCLUDING LOST PROFITS (WHETHER OR NOT PEAK VOIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES) BY REASON OF ANY ACT OR OMISSION IN ITS PERFORMANCE UNDER THIS AGREEMENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.

C. Peak VoiZ will be indemnified, defended, and held harmless by you against all claims of loss or damage arising from the use of Service furnished by Peak VoiZ, including:

1. Allegations or claims for libel, slander, invasion of privacy, or infringement of copyright arising out of the material, data, information, or other content transmitted via Peak VoiZ Service; and

2. All other allegations and claims arising out of any intentional act or omission by you or others authorized by you to use the Service, in connection with any Service provided by Peak VoiZ.

3. Allegations or claims that you have not acquired or possess the requisite rights to any Devices not provided by Peak VoiZ and/or third party software for use in conjunction with Peak VoiZ accessories as described in Section III(N).

D. PEAK VOIZ MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES ABOUT ITS SERVICES AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR NONINFRINGEMENT.

PEAK VOIZ DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON PEAK VOIZ'S BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY BY PEAK VOIZ.

F. Peak VoiZ will not be liable for any act or omission of any other company or companies furnishing a portion of the Service, or from any act or omission of a third party, including those vendors participating in Peak VoiZ offerings made to you, or for damages associated with the Service, or Equipment that it does not furnish, or for damages that result from the operation of customer provided systems, Equipment, facilities or services that are interconnected with Peak VoiZ Services.

T. MISCELLANEOUS PROVISIONS

A. Entire Agreement.

These Terms and Conditions constitute the entire Agreement between you and Peak VoiZ, and supersede any and all prior agreements, oral or written, concerning the subject matter. If there is any inconsistency or conflict between the terms of any calling plan, promotion, and/or authorized written communications you have received and the provisions of this Agreement, the provisions of this Agreement will control.

B. No Obligation to Assist in Switching to a Different Provider.

If you either voluntarily cancel your Peak VoiZ account or if Peak VoiZ cancels your Service for any reason set forth above, Peak VoiZ will have no obligation whatsoever to assist you in any respect in switching from Peak VoiZ to another service provider.

C. Assignment.

Customers may not modify or assign this Agreement. In its sole discretion, Peak VoiZ may assign this Agreement.

D. No Waiver of Rights.

If either party fails to enforce any right or remedy under this Agreement, that does not waive the right or remedy for any other breach or failure.

E. Binding Effect.

This Agreement is binding upon you and Peak VoiZ and upon, respectively, your and Peak VoiZ's agents and heirs.

F. Severability.

If any part or provision of this Agreement is finally determined to be invalid or unenforceable under applicable law by a court of competent jurisdiction, then that part or provision will be ineffective only to the extent of such invalidity or unenforceability, without in any way affecting the remaining parts or provisions of this Agreement.

G. Governing Law.

This Agreement is governed by and construed under the laws of the Denmark. This governing law provision applies no matter where you reside, or where you use or pay for the Services.

H. Survival.

Any liability or obligation of a party to the other party under the provisions of Sections I, II, IV, V and VII as applicable, will, in each case, survive cancellation or termination of this Agreement.

I. Headings of No Force or Effect.

Headings in this Agreement are for reference only and have no effect on the meaning of any provision.