07 Jan 2015 16:11
Port out policy
YOU UNDERSTAND AND AGREE THAT YOU WILL HAVE USE OF THE TELEPHONE NUMBER(S) THAT ARE PROVIDED AS PART OF THE SERVICES ONLY UNTIL THE END OF THE TERM OF YOUR AGREEMENT WITH THE COMPANY OR UNTIL THE COMPANY NO LONGER PROVIDES YOU WITH SERVICE, UNLESS YOU SATISFY THE PROVISIONS IN SECTION b BELOW. THE COMPANY IS GRANTING YOU THE REVOCABLE PERMISSION TO USE SUCH TELEPHONE NUMBER(S) IN ACCORDANCE WITH THIS AGREEMENT FOR THE LENGTH OF THE TERM OF THE AGREEMENT. YOU UNDERSTAND THAT THE COMPANY IS THE CUSTOMER OF RECORD OF ALL TELEPHONE NUMBER(S) PROVIDED AS PART OF THE SERVICES AND, THEREFORE, THE COMPANY HAS CERTAIN RIGHTS WITH RESPECT TO THE NUMBER(S), INCLUDING WITHOUT LIMITATION CERTAIN RIGHTS RELATING TO PORTING OF THE NUMBER(S) ("PORTING" IS CAUSING OR ATTEMPTING TO CAUSE NUMBER(S) TO BE TRANSFERRED, SWITCHED, OR OTHERWISE MOVED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY). AS THE CUSTOMER OF RECORD FOR THE TELEPHONE NUMBER(S), THE COMPANY HAS THE DIRECT RELATIONSHIP WITH THE TELEPHONE COMPANY THAT PROVIDES THE UNDERLYING TELECOMMUNICATIONS THAT SUPPORT THE SERVICES YOU RECEIVE FROM THE COMPANY. YOU UNDERSTAND AND AGREE THAT THE COMPANY IS NOT, ITSELF, A TELEPHONE COMPANY AND THEREFORE THE COMPANY IS NOT UNDER ANY LEGAL OBLIGATION TO PERMIT YOU TO PORT ANY TELEPHONE NUMBER(S) PROVIDED AS PART OF THE SERVICE UNLESS YOU SATISFY THE PROVISIONS IN SECTION b BELOW. YOU UNDERSTAND AND AGREE THAT YOU ARE EXPRESSLY PROHIBITED FROM CAUSING OR ATTEMPTING TO CAUSE SUCH NUMBER(S) TO BE TRANSFERRED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY UNLESS YOU SATISFY THE PROVISIONS IN SECTION b BELOW FOR PORTING OUT THE NUMBER(S). IN THE EVENT YOU VIOLATE THE FOREGOING PROVISION, YOU AGREE TO IMMEDIATELY RETURN THE NUMBER(S) TO THE COMPANY AND PAY THE COMPANY AN AMOUNT EQUAL TO US $300 (OR THE EQUIVALENT IN LOCAL CURRENCY). YOU AUTHORIZE THE COMPANY TO CHARGE YOUR ACCOUNT CREDIT CARD OR TAKE ANY OTHER MEASURES REQUIRED TO COLLECT THIS PAYMENT AND TO CAUSE THE NUMBER(S) TO BE SO RETURNED. YOU AGREE THAT THIS PAYMENT REPRESENTS LIQUIDATED DAMAGES REFLECTING A REASONABLE MEASURE OF THE ACTUAL OR ANTICIPATED HARM, DAMAGES CAUSED, AND ADMINISTRATIVE FEES INCURRED BY THE COMPANY FROM SUCH VIOLATION IN LIGHT OF THE DIFFICULTIES OF PROOF OF THE COMPANY'S LOSS AND THAT THIS PAYMENT IS NOT A PENALTY. SOME NON-US JURISDICTIONS DO NOT ALLOW LIMITATIONS TO BE PLACED ON YOUR RIGHT TO PORT THE TELEPHONE NUMBER ASSIGNED TO YOU, SO SOME OF THESE LIMITATIONS MAY NOT APPLY IF YOU OR THE NUMBER(S) ASSIGNED TO YOU ARE LOCATED IN SUCH A JURISDICTION
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Non Toll-Free Numbers Provided by the Company May Not be Ported
THE COMPANY IS THE CUSTOMER OF RECORD FOR ALL NON TOLL-FREE NUMBERS PROVIDED BY THE COMPANY TO YOU AND, THEREFORE, THE COMPANY HAS EXCLUSIVE RIGHTS OVER PORTING SUCH NUMBERS. YOU ARE PROHIBITED FROM AND MAY NOT PORT OUT NON TOLL-FREE NUMBERS THAT WERE PROVIDED TO YOU BY THE COMPANY -
Telephone Numbers Ported In and Toll Free Telephone Numbers May be Ported Under Certain Conditions
IF YOU "PORTED IN" ANY TELEPHONE NUMBER(S) IN CONNECTION WITH YOUR USE OF SERVICES, THE COMPANY ASSIGNED YOU ONE OR MORE TOLL FREE VOICE SERVICE NUMBERS, OR YOU ARE ENTITLED TO "PORT OUT" A TELEPHONE NUMBER UNDER NON-US LAW, YOU MAY "PORT OUT" SUCH NUMBER(S) IN CONNECTION WITH TERMINATING YOUR ACCOUNT IF, AND ONLY IF, YOU SATISFY THE FOLLOWING REQUIREMENTS: (i) YOU PROVIDE WRITTEN NOTICE TO THE COMPANY OF YOUR INTENTION TO "PORT OUT" SUCH TELEPHONE NUMBER(S) NO LATER THAN THIRTY (30) DAYS AFTER PROVIDING THE COMPANY NOTICE OF YOUR INTENT TO TERMINATE YOUR ACCOUNT (THE "PORTING NOTICE PERIOD"); (ii) YOUR NEW TELEPHONE CARRIER PROVIDES THE COMPANY'S TELEPHONE CARRIER A DULY EXECUTED PORTING REQUEST PRIOR TO THE EXPIRATION OF THE PORTING NOTICE PERIOD; (iii) YOU HAVE PAID THE COMPANY FOR ALL SERVICES PROVIDED TO YOU PRIOR TO THE DATE YOU PROVIDE THE COMPANY NOTICE OF YOUR INTENT TO TERMINATE YOUR ACCOUNT; (iv) PRIOR TO THE EXPIRATION OF THE PORTING NOTICE PERIOD, THE COMPANY HAS RECEIVED AN ADMINISTRATIVE FEE TO COVER ITS REASONABLE COSTS ASSOCIATED WITH PROCESSING THE PORT IN AN AMOUNT OF $7 PER TELEPHONE NUMBER(OR THE EQUIVALENT IN LOCAL CURRENCY); AND (v) THE COMPANY HAS SUCCESSFULLY BILLED YOUR CREDIT CARD FOR AN AMOUNT EQUAL TO THREE TIMES THE MONTHLY RECURRING FEE FOR THE SERVICE ORGINALLY ORDERED. YOU HEREBY AUTHORIZE THE COMPANY TO CHARGE YOUR CREDIT CARD IN THE APPLICABLE AMOUNT FOR THE ADMINISTRATIVE FEE IN SUBSECTION (iv) ABOVE AND ANY REMAINING COST TO SATISFY SUBSECTION (v) ABOVE OR TO OTHERWISE ARRANGE TO MAKE THIS PAYMENT TO THE COMPANY WITHIN THE PORTING NOTICE PERIOD. THE PORTING PROCESS CAN BE LENGTHY; IF YOU WOULD LIKE TO MAINTAIN YOUR ACCOUNT WITH THE COMPANY DURING THE PORTING PROCESS, YOU MUST MAINTAIN YOUR ACCOUNT IN AN ACTIVE STATUS AND NOT TERMINATE YOUR ACCOUNT UNTIL THE PORTING OUT IS COMPLETE. REGARDLESS OF WHEN THE PORT OUT IS COMPLETE, YOU WILL CONTINUE TO BE RESPONSIBLE TO PAY ALL APPLICABLE ACCOUNT FEES WITH RESPECT TO THE TELEPHONE NUMBERS UNTIL YOU FORMALLY TERMINATE YOUR SERVICE. IF YOU FAIL TO SATISFY ANY OF THE FOREGOING REQUIREMENTS, THE COMPANY REMAINS THE CUSTOMER OF RECORD OVER THE NUMBER(S) AND YOU ARE EXPRESSLY PROHIBITED FROM CAUSING OR ATTEMPTING TO CAUSE SUCH NUMBER(S) TO BE TRANSFERRED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY. THE COMPANY ALSO RETAINS THE RIGHT TO RECLAIM THE NUMBER(S) FROM YOU AFTER THE NUMBER(S) ARE PORTED OUT IN CONTRAVENTION WITH THESE REQUIREMENTS AND TO CHARGE YOUR CREDIT CARD THE US$300 (OR THE EQUIVALENT IN LOCAL CURRENCY) IN LIQUIDATED DAMAGES SET FORTH ABOVE IN THIS DOCUMENT. YOU UNDERSTAND AND AGREE THAT EVEN IF YOU SATISFY THE REQUIREMENTS SET FORTH IN THIS SECTION b, TECHNICAL OR PROCEDURAL DIFFICULTIES OR INTERRUPTIONS MAY OCCUR WHEN ATTEMPTING TO PORT OUT THESE NUMBERS (E.G. WHEN NO PORTING AGREEMENT EXISTS BETWEEN YOUR AND OUR TELEPHONE CARRIER OR FOR ANY OTHER REASON) AND SUCH DIFFICULTIES OR INTERRUPTIONS MAY PREVENT YOUR NEW CARRIER FROM PORTING THE NUMBERS. THE COMPANY IS NOT RESPONSIBLE FOR SUCH TECHNICAL OR PROCEDURAL DIFFICULTIES OR INTERRUPTIONS AND YOU WILL RECEIVE NO REFUND OF YOUR ADMINISTRATIVE FEE. -
Re-assignment of Numbers Upon Termination
You understand and agree that following the termination of your account for any reason, your number(s) may be re-assigned immediately to another customer. You agree that the Company will not be liable for damages (including consequential or special damages) arising out of any such re-assignment and you hereby waive any claims with respect to any such re-assignment, whether based on contractual, tort or other grounds, even if the Company has been advised of the possibility of damages.