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Terms & Conditions
Conversion/Migration
Your free month's service will start upon conversion, which is usually within 2 weeks. This conversion date will be your bill cycle date
each month. After the first month the monthly service is due at the beginning of each month (your bill cycle date), just like paying rent.
Line will be migrated with 900/976 blocking (unless specified). Features & Listings will be migrated "as-is." Local & long distance PIC will
be changed by Datavo.
Billing
Plan Charges & features are billed in advance and are offered as pre-paid. Additional, and/or billable usage (if any) is billed in arrears.
Billing starts at the day of conversion (cycle day) and each month's payments are due by cycle day/due date. For customers who have opted for auto
credit card or EFT payments, the current charges will be processed on the due date. For others, unless a payment is received by the fourth (4) day
after the due date, customer's credit/checking account on file will be charged for the total amount due plus a service fee.
Late Fee: Payments not received by the 5th day after the due date are subject to a $5.00 late fee.
Returned Payment: A returned check fee of $25.00 will apply for each check returned for non-sufficient funds.
Disconnection: If the amount of the bill for services is not paid within 15 days from the due date, service may be interrupted
and subsequently disconnected.
Reconnect Charge: If phone service is disconnected for non-payment, in addition to the delinquent amount, a reconnection fee of
$75.00 must be paid before service will be reconnected. In addition, a security deposit may be required as well as new phone number(s).
Usage
All calls are priced at a flat rate, which means the same rate for 24 hours of the day. Unlimited local calling excludes auto-dialing, Internet access,
call center and any use not consistent with residential or business voice services. Local calls, international calls terminating on cell phones, and calls
to Mexico are billed in full minute increments. All domestic long distance calls are billed in 30 second minimum and 6 second increments. LD included in package
applies to calls terminating in the 48 contiguous U.S States. Calls to HI, AK, Puerto Rico & U.S Virgin Islands are billed separately. Monthly, the billable LD will be
billed at $3.95 MRC, plus 3.9 cents per minute. The $3.95 MRC will be waived if the total LD overage is greater than $15.00.
On-Net: No charge for any calls made to another Datavo customer. The on-net minutes do not count towards the FREE plan
LD for voice plans.
Other/Non-qualified usage: Directory Assistance, Collect, Information Service Calls, International Calls are billed separately
and are not included in the package. Directory Assistance charges are based on number of calls.
Equipment (CPE) Warranty
1 Year from billing start date. Datavo at its option will repair/replace equipment during the warranty period.
Service & Speed
All services are "best effort" meaning that Datavo will deliver highest speed possible based on the distance of the End User and condition of shared
phone line, if any. The data and VoIP services offered by Datavo are consistent with industry offerings with regard to the upload/download speeds and are
service effecting in cases of power failure. Voice service through one lifeline (ATN) is powered and thus unaffected by power outages.
Unmanaged WIFI
Datavo will enable WIFI access point (AP) for customer's use. Customer is responsible for the provisioning/management/maintenance of this capability using
the tools available on the supplied gateway. Datavo will not provide customer support in the provisioning/management of this product. if the customer requires
assistance with the provisioning and management of the AP, Datavo provides a Managed Services product. The availability of WIFI signals to WIFI enabled stations is
subject to transmission impairments, distance limitations and the performance of the customer supplied WIFI stations. Datavo provides no guarantee over the transmission
performance of its WIFI AP.
Managed WIFI
Datavo will provide any customer support required by customer in the provisioning and management of the WIFI access point (AP). This Managed
WIFI service is restricted to the AP and does not cover the implementation of WIFI capabilities in the customer's WIFI stations (PCs, Laptops and
other WIFI enabled devises). The availability of WIFI signals to WIFI enabled stations is subject to transmission impairments, distance limitation and
the performance of the customer supplied WIFI stations. Datavo provides no guarantee over the transmission performance of its WIFI AP.
DV Home 1 Product
The DV Home 1 product does not provide emergency standalone service in the event of power loss. The DV Home 1 product is not a substitute telephone service and
is not provided with Emergency 911 service.
Term Commitment & Early Termination Fee
All products offered by Datavo carry a 12-month Term. Start of term is the billing start date as defined above. In case the service is cancelled (including
cancellation of service by Datavo for non-payment as per payment policy) prior to 12-month term, the customer will be billed an early termination fee of $200.00.
If customer agrees to a 24-month term then one installation fee will be waived.
Equipment
Equipment provided by Datavo remains the property of Datavo and must be returned within 7 business days upon termination of service
Phone
Datavo provides DSL and one lifeline. Additional voice lines are provided over internet protocol.
Inside Wire Issues
Datavo is not responsible for problems arising from wiring issues between the NID and the customer owned equipment. For example, if light switch or faucet in your home
is not working properly, you do not call the power or water company, you call an electrician or a plumber. Datavo can provide at customer request a telephone repair technician
at a reduced rate of $75.00 to insure working telephone service at a minimum of one jack within the customer's premises. Customer will pay the technician at the time of service. Inside
wiring-tech charges are payable directly to the technician; all work and charges are between customer and independent technician.
Credit/Deposit Requirements
Customer authorizes Datavo to perform a credit check. Datavo does not require customers to pay a deposit prior to activation unless customer does not meet the credit
requirements but Datavo reserves the right to require a deposit from a customer who consistently does not pay the monthly service charges in a timely manner.
Billing and Invoices
Datavo will provide our customers with an invoice, which will arrive approximately fourteen (14) days in advance of the due date. The bill is due on the date written on
the invoice and should be paid on that date. Payments made after the due day may be subject to a late fee and shall receive a notice that the account is subject to
suspension, disconnection, and the loss of telephone number. Datavo will work with the customer by making arrangements past the due date, however additional charges may apply.
Payment of Charges
Customer is responsible for the service, which has access to the service and payment of all charges associated with the service regardless
of who uses the service. These charges include, but are not limited to, monthly service fees, long distance charges, directory and third-party
charges, repair, transfer, and changes, Federal, State, and local governmental taxes and fees.
No Warranties/Limitations of Liability
Datavo makes no warranty of any kind whatsoever, express or implied, with respect to the equipment or materials. All express or implied warranties
including those related to merchant ability or fitness for a particular purpose or quality, design, condition, capacity suitability, interference, infringement,
or durability, are hereby disclaimed by Datavo, the extent permitted by law, and expressively waived by you. All warranties with respect to the equipment or the materials,
if any are provided solely by the equipment manufacturer or supplier as provided in enclosed materials. Datavo does not warrant that the equipment or the materials are free
from undiscovered or latent defects or vices and you expressively waive all rights you may have resulting there from. Datavo shall not have any liability obligation to you
or any other party, either in or in tort, for actual, punitive, exemplary, special, consequential, or indirect damages of any kind, including, but not limited to, claims
or damages for loss of profits, loss of data, loss of use or interruption of use of your computer system or any software thereon or any business conducted thereon or for the
reconstruction or recovery of any lost data or software or economic losses of any kind incurred by you or any other party directly or indirectly resulting
from or related to any service, equipment or materials described herein are provided hereunder, whether or not caused by the negligence of Datavo, to the fullest the same may
be disclaimed by law.
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