Terms of Service

1. Agreement

These Terms of Service ("Terms") constitute a binding agreement between you ("Customer") and Broadtela ("Company," "we," "us") governing your use of Broadtela's hosted VoIP, virtual fax, SIP trunking, cloud PBX, managed internet, and related telecommunications services (collectively, "Services"). By activating, accessing, or using any Service, you agree to be bound by these Terms and our Privacy Policy. If you are entering into this agreement on behalf of a business entity, you represent that you have the authority to bind that entity.

2. Services Provided

Broadtela provides cloud-based telecommunications services as described on our website and in any service order or proposal agreed upon between the parties. We reserve the right to modify, add, or discontinue features with reasonable advance notice.

Services are provided for lawful business use only. Broadtela does not provide residential telephone service. Our services are not a substitute for traditional landline service and have important differences, particularly with respect to emergency calling (see Section 8).

3. Account Setup and Responsibilities

You are responsible for:

• Providing accurate, current, and complete information during account setup and maintaining it thereafter
• Maintaining the security and confidentiality of your account credentials and SIP passwords
• All activity that occurs under your account, whether authorized by you or not
• Ensuring your internet connection meets the minimum requirements for VoIP service (approximately 100 Kbps of dedicated bandwidth per simultaneous call, with Quality of Service (QoS) settings configured to prioritize voice traffic)
• Registering a valid, accurate physical address for E911 purposes for each telephone line on your account before placing any calls
• Promptly notifying Broadtela at sales@broadtela.com if you suspect unauthorized access to your account

4. Acceptable Use Policy

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services to:

• Violate telemarketing laws: Transmit unsolicited commercial calls or text messages in violation of the Telephone Consumer Protection Act (TCPA), the FTC's Telemarketing Sales Rule, or applicable state telemarketing statutes. This includes robocalling, predictive dialing to cell phones without prior express written consent, and calls to numbers on the National Do Not Call Registry without a pre-existing business relationship.
• Commit toll fraud: Exploit Broadtela's network to place calls without payment, including through compromised SIP credentials, call pumping schemes, or any other fraudulent means.
• Engage in call spoofing: Transmit false or misleading caller ID information in violation of the Truth in Caller ID Act (47 U.S.C. § 227(e)) or applicable state law.
• Violate recording laws: Record telephone conversations without obtaining all legally required consents under applicable federal and state wiretapping statutes (see also Section 10).
• Harass or threaten: Use the Services to harass, threaten, stalk, or harm any person.
• Transmit illegal content: Send, receive, or facilitate the transmission of any content that is illegal, defamatory, obscene, or that infringes on any intellectual property rights.
• Abuse network resources: Place calls in volumes that constitute network abuse, run autodialing or predictive dialing applications beyond normal business use without prior written approval, or otherwise interfere with Broadtela's network or other customers.
• Resell without authorization: Resell, sublicense, or wholesale Broadtela services to third parties without prior written authorization from Broadtela.

Broadtela reserves the right to immediately suspend service, without prior notice, upon detection of activity that we reasonably believe violates this Acceptable Use Policy, poses a security risk, or exposes Broadtela or its customers to legal liability. You will be notified of any suspension promptly after it occurs.

5. Billing, Payment, and Disputes

5a. Billing Cycle

Services are billed monthly in advance. Your first invoice is prorated from your service activation date. Thereafter, you are invoiced on the same calendar date each month for all active seats, lines, and service features on your account.

5b. Payment Terms

• Payment is due upon receipt of invoice
• Accounts more than 15 days past due are subject to a late fee of 1.5% per month on the outstanding balance
• Accounts more than 30 days past due may be suspended without further notice
• Accounts more than 45 days past due may be terminated; reactivation may require payment of all outstanding balances plus a $50 reconnection fee

5c. Taxes and Regulatory Fees

All prices are stated exclusive of applicable taxes and regulatory fees. As a telecommunications provider, Broadtela is required to collect and remit various federal, state, and local taxes and fees, including but not limited to: Federal Universal Service Fund (USF) contributions, state and local telecommunications taxes, 911 fees, and regulatory recovery fees. These charges appear as separate line items on your invoice.

5d. Billing Disputes

If you believe an invoice contains an error, you must notify Broadtela in writing within 30 days of the invoice date. Disputes submitted after 30 days will not be considered. Disputed amounts must still be paid by the due date to avoid service suspension; Broadtela will credit any amounts determined to have been billed in error.

6. Month-to-Month Service and Cancellation

Broadtela services are provided on a month-to-month basis with no long-term contract commitments and no early termination fees, unless otherwise specified in a separate written agreement.

To cancel service, submit written notice to sales@broadtela.com. Cancellations received before your monthly billing date take effect at the end of the current billing period; you will not be charged for the following month. Cancellations received after your billing date take effect at the end of the following billing period. Broadtela does not provide refunds or credits for partial months of service.

Upon cancellation, you have the right to port your telephone numbers to another carrier at no charge, provided your account is in good standing. You must initiate number porting before your service termination date; Broadtela is not responsible for number loss after service has been terminated.

7. Number Porting

Broadtela will port your existing telephone numbers to our network at no charge. Number porting is subject to the following conditions:

• Porting timelines depend on your current ("losing") carrier and typically take 1–2 weeks; no completion date is guaranteed
• You must maintain active service with your current carrier until porting is confirmed complete; early cancellation with your current carrier may result in number loss
• Some numbers may not be portable due to carrier restrictions or number type limitations; Broadtela will notify you if a requested port cannot be completed
• Broadtela is not liable for delays caused by your losing carrier

8. Emergency Services — E911 Limitations

• Address registration required: E911 routing depends on the physical address you register for each line in your account. You must register a current, accurate address for each line. Calls placed from an unregistered line may not route correctly to emergency services.
• Address updates: If your physical location changes, you must update your registered E911 address immediately. Failure to update your address may result in emergency services being dispatched to your old location.
• Internet dependency: E911 service requires a functioning internet connection. During internet outages, power failures, or equipment failures, your VoIP service — including E911 — will not function. You should maintain an alternative means of contacting emergency services (such as a mobile phone) in the event of an internet or power outage.
• Softphone limitations: E911 calls placed from softphone applications (such as Zoiper) may route based on your registered address, not your actual physical location at the time of the call. Users who frequently work from different locations should understand this limitation.
• Your obligation to inform users: You are responsible for informing all users of your VoIP system about these E911 limitations before they use the service.

By activating service, you acknowledge that you have read and understood these E911 limitations and agree to inform all users of your system accordingly. Broadtela shall not be liable for any damages, injuries, or death arising from your failure to maintain an accurate E911 address or to inform users of E911 limitations.

9. Service Availability Target

Broadtela targets 99.9% monthly uptime availability for its core VoIP platform, measured at our network edge. This target excludes:

• Scheduled maintenance windows (communicated in advance where possible)
• Outages caused by your internet service provider or local network
• Force majeure events (natural disasters, acts of government, civil unrest, etc.)
• Outages caused by your equipment, configuration, or actions
• Issues with upstream carriers outside Broadtela's network

Service credits for extended outages attributable to Broadtela's network may be issued at Broadtela's discretion upon written request submitted within 30 days of the outage. Credits will not exceed the prorated monthly service fee for the affected lines during the outage period.

10. Call Recording Compliance

Broadtela offers call recording as an optional service feature. If you enable call recording, you bear sole and exclusive responsibility for compliance with all applicable federal and state laws governing the interception and recording of telephone communications.

Federal law generally permits recording with one-party consent (18 U.S.C. § 2511(2)(d)), but numerous states require all-party consent, including California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, and Washington. Penalties for non-compliant call recording can include civil liability and criminal prosecution.

Broadtela expressly disclaims any liability for your failure to comply with applicable call recording laws. You agree to indemnify and hold Broadtela harmless from any claims, penalties, or legal costs arising from your use of the call recording feature.

11. Intellectual Property

All software, interfaces, documentation, and other materials provided by Broadtela in connection with the Services are the intellectual property of Broadtela or its licensors. You are granted a limited, non-exclusive, non-transferable license to use such materials solely in connection with your authorized use of the Services. You may not copy, modify, distribute, reverse engineer, or create derivative works from any Broadtela materials.

12. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BROADTELA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. VOICE OVER IP TECHNOLOGY IS SUBJECT TO FACTORS OUTSIDE BROADTELA'S CONTROL INCLUDING INTERNET QUALITY AND EQUIPMENT PERFORMANCE.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BROADTELA'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO BROADTELA IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IN NO EVENT SHALL BROADTELA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR PERSONAL INJURY, EVEN IF BROADTELA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE).

14. Indemnification

You agree to defend, indemnify, and hold harmless Broadtela, its officers, directors, employees, agents, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation, including without limitation TCPA, telemarketing laws, and wiretapping statutes; (d) any content transmitted through your account; or (e) your infringement of any third-party rights.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of South Carolina, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Services that cannot be resolved informally shall be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with proceedings conducted in Aiken County, South Carolina.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm. Nothing in this section prevents you from filing a complaint with the FCC or your state public utilities commission regarding telecommunications service issues.

16. Modifications to These Terms

Broadtela reserves the right to modify these Terms at any time. We will post updated Terms on this page with a revised "Last updated" date. For material changes, we will provide at least 30 days' written notice to active customers by email before the changes take effect. Your continued use of the Services after the effective date of any change constitutes your acceptance of the revised Terms. If you do not agree to revised Terms, you may cancel your service before the effective date without penalty.

17. Contact

For questions about these Terms or to provide notice under these Terms: