Please read these Terms of Service ("Terms", "Terms of Service") carefully before accessing or using helixtelecom.com services, accessing or using phone123.me services or any Voice over IP services (the "Service"), equipment provisioned, activated, furnished, leased or sold by Helix Telecom Inc. (the "Equipment") or operated by Helix Telecom Inc. ("us", "we", or "our").
Your access to and use of the Equipment or Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Equipment or Service.
By accessing or using the Equipment or Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Equipment or Service.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Helix Telecom Inc. cancels it. You may cancel your Subscription renewal by contacting Helix Telecom Inc. customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Helix Telecom Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Helix Telecom Inc. to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Helix Telecom Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
We do not pro-rate service charges.
If you request partial or full cancellation of service then you forfeit use and payment for the service.
If you request addition or activation of service then all fees and charges are for the availability of products or services for the remainder of your current billing cycle only.
You agree to pay all fees and charges for services requested by you. You agree these fees and charges are for the availability of products or services even if you choose not to utilize these products or services.
Helix Telecom Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Helix Telecom Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Helix Telecom Inc. may modify Subscription fees and other charges, retroactively and without notice, if we determine you violated the Reasonable Use paragraph of these Terms. This clause may supersede our obligations under this paragraph except where prohibited by law.
All payments are non-refundable.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, audio or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Helix Telecom Inc. has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Helix Telecom Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are the authorized representative of a commercial entity above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Helix Telecom Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Helix Telecom Inc.
Links To Other Web Sites
Helix Telecom Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Helix Telecom Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may determine that abnormal, unreasonable or impermissible usage has occured during the past thirty days or is occurring, and may take appropriate steps, including recurring rate modification, usage rate modification, restriction, suspension or termination of service, even if the number of minutes used is not excessive.
The following are characteristics of unreasonable use:
Suitable Internet Connection
You agree not to purchase or install our equipment if the internet connection does not meet one of the following conditions:
Suitable Internal Network Composition
You agree not to purchase, install or request assistance for equipment or services installed under the following conditions:
Equipment Warranty LimitationsExcept when required by law; we reserve the right to refuse warranty service under following conditions:
You are permitted to port your number to us from another carrier.
You are also permitted to port your number from us to another carrier except under the following conditions:
You agree we may act in good faith to release your number to another carrier. This act of good faith does not diminish or mitigate your responsibility to pay for all charges, fees and/or penalties incurred in accordance with these Terms.
If you port your number in accordance with these Terms then you remain responsible for all one-time and monthly recurring charges until you notify us in writing of the completed porting and your decision to cancel service in accordance with these Terms.
If you violate these Terms then you agree we may reverse your phone number port and/or charge you up to $500.00 per phone number plus any other applicable charges and penalties described in paragraph Returned Payments. In the event we reverse your phone number port due to a violation of these Terms then you agree to relinquish ownership of your number.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue payment. This does not relieve you of the responsibility for any past charges or fees.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Helix Telecom Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Helix Telecom Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Helix Telecom Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Wyoming, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Taxes and Fees
You are responsible for all applicable taxes, assessments, license and registration fees for the jurisdiction you occupy.
All Equipment shall at all times be and remain our exclusive property in perpetuity, even if installed in or attached to real property by you. You shall have no right, title, or interest in or to the Equipment except as expressly set forth in the Terms. Upon cancellation of these Terms you may transfer possession of Equipment, including, but not limited too, sale, destruction or disposal but we retain ownership in perpetuity. Any Equipment fees described on our invoice or website are construed as labor fees necessary to obtain, develop, transport, provision, activate and deliver Equipment to you for exclusive use with our service.
Extension, Device or Chat Forever Plan
The terms extension, device or Chat Forever Plan shall be used interchangeably and construed to represent the rental or leasing of any physical device or equipment connected to our network. If you connect a physical device or equipment to our network then you relinquish ownership of the device or equipment too us for the duration of the connection. You agree any modification required to activate, troubleshoot, maintain and/or warranty your device during this time may not be reversed. Any charges or fees described as an extension, device or Chat Forever Plan shall be limited too the labor charges and capital expenses necessary to rent, lease, activate, troubleshoot, maintain and/or warranty your device while connected to our network. The charges and fees described in this paragraph do not extend any additional privileges or rights beyond those described in these Terms.
Equipment furnished by us shall not be construed as identical to the make, model, or description offered by the manufacturer even where the make, model or description offered by us is substantially similar or identical to the manufacturer supplied equipment. You agree and understand all equipment referenced by us is only similar, but not identical to, equipment offered by the manufacturer for sale to the general public. You agree included documentation, accessories or embedded software may not be included, omitted or substantially different from products or services offered by the manufacturer for sale to the general public.
We offer a feature where all calls originating or terminating from Equipment assigned to your account may be recorded and stored by us. You are responsible for obtaining consent from all parties to record all conversations at the beginning of each call where required by law.
You agree to provide the following within 1 business day of installation or relocation of Equipment. 1) a valid callback number assigned to your account 2) complete physical address where Equipment shall be used. You agree to educate all visitors, employees, contractors and occupants of any building housing Equipment until such time we provide written notice of active E911 service. You also agree to maintain adequate access to 9-1-1 emergency service or E911 service from a wired phone or equivalent at all times.
Credit and Identity Verification
You authorize us to conduct a background investigation including identification and credit verification from time to time. You waive any claims against us for these investigations
We only accept digital payments. You agree any payments made in paper form, including but not limited to cash or check, shall not be returned to you or credited to your account.
Notice of Intent to Default
If you provide us with written or verbal notice of intent to violate these Terms then we shall reserve the right to restrict or terminate access under these Terms. Our actions under this paragraph does not relieve you of financial responsibility or limit our rights under these Terms.
You agree to waive any expectation of privacy under these Terms.
In event of return, dispute or chargeback of any payment we may restrict or terminate access under these Terms. You also agree to cure any debt, including any fees charged by us, within a period of 10 days. Failure to cure all outstanding debt within 10 days may incur fees equal to $35 per device and $35 per extension and $35 per phone number, per month for a period of 36 months. This paragraph is void if you contact us in writing 10 days prior to your scheduled payment date and maintain written evidence of such notice. You agree we may report delinquencies to credit reporting agencies or data brokers.
IN CONSIDERATION OF CREDIT BEING EXTENDED BY US TO YOU FOR MERCHANDISE OR SERVICE WHETHER YOU CAN BE AN INDIVIDUAL OR INDIVIDUALS, A PROPRIETORSHIP, A PARTNERSHIP, A CORPORATION, OR ANY OTHER ENTITY, YOU HEREBY GUARANTEE TO US THE FAITHFUL PAYMENT, WHEN DUE, OF ALL ACCOUNTS UNDER THESE TERMS MADE WITHIN FIVE YEARS NEXT AFTER THE DATE OF THIS AGREEMENT. YOU HEREBY EXPRESSLY WAIVE ALL NOTICE OF ACCEPTANCE OF THIS AGREEMENT, NOTICE OF EXTENSION OF CREDIT TO YOU, PRESENTMENT, AND DEMAND BY YOUR PROTEST AND NOTICE TO YOU OF DISHONOR OR DEFAULT BY YOU OR WITH RESPECT TO ANY SECURITY HELD BY YOU, EXTENSION OF TIME OR PAYMENT TO YOU, YOUR PARTIAL PAYMENT OR PARTIAL COMPROMISE, ALL OTHER NOTICES TO WHICH THE UNDERSIGNED BY YOU MIGHT OTHERWISE BE ENTITLED AND DEMAND FOR PAYMENT UNDER THIS GUARANTEE. ABSENT WRITTEN PERMISSION BY US, THIS PERSONAL GUARANTEE MAY NOT BE REVOKED.
If you have any questions about these Terms, please contact us.