Terms of Service ("Terms")

Last updated: March 3, 2021

Previous Version Updated: March 3, 2021
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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.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you shall supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your bank routing number, your bank account number, your billing address, and your shipping address.

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.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

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.

We reserve the right to choose the payment methods available too you. We reserve the right to charge a payment processing fee not to exceed 20% of the amount due. You may request a refund for any payment processing fees by contacting us in writing within 5 days and submitting payment using an alternative payment method of our choice.

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.

Subscriptions

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.

A valid payment method is required to collect payments for your Subscription. You shall provide us 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.

We may restrict the payment methods available to you.

If the payment method is a negotiable financial instrument then you shall furnish immediately, upon request, one or more of the following documents:

Should automatic billing fail to occur for any reason, we may choose to issue an electronic invoice containing alternative payment instructions, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

You agree to maintain a positive account balance at all times. We may choose not to debit any stored payment method for non-recurring charges. Failure to maintain a positive account balance at all times shall be considered a violation of these Terms. Prepaid funds cannot be added to disable, restricted or terminated accounts except with written permission from us.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you or we cancel the Subscription. You may cancel your Subscription via letter sent by Certified Mail with Return Receipt to Helix Telecom Inc, POB 7815, Goodyear, AZ. 85338. You are obligated to retain proof of cancellation for a period of one year.

If you violate these Terms then we may allow you to submit additional documentation and substantial account deposit as a condition of restoring service.

Support

You agree to submit all requests for support or assistance online using our Customer Portal at https://fixmyphonesystem.com. Your submissions may not receive a response. Any decision to respond shall not be a construed as a violation of these Terms. Submission of any requests via other methods may be deemed a violation of these Terms.

You agree not to communicate any duplicate support requests of similar content or nature using any available method within a 30 day period.

You agree not to communicate any abusive or unprofessional language. Interpretation of the terms abusive and unprofessional shall be construed to include, but not limited too, remarks intended to be demanding, threatening, demeaning, humiliating, mocking, insulting, or belittling that may or may not be based on the actual or perceived race, color, religion, sex, national origin, sexual orientation, or gender identity of an individual.

You agree to retain, at all times, a qualified network technician(s) responsible for installation, troubleshooting, support and maintenance of all equipment, hardware and software necessary to utilize our service. You agree we may, from time to time, provide additional information, documentation or instructions necessary to assist your qualified network technician(s) but any additional installation, troubleshooting, support or maintenance remains your responsibility.

We may, from time to time, offer additional free or paid support options. Any additional support options may be offered, restricted, modified or discontinued at any time without notice. Any demand for additional support options shall be construed as a violation of these Terms.

Pro Rata

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.

If any party of these Terms cancels and subsequently activate services, individually or collectively, within any 30 day period we will assess a labor charge equal to two Billing Cycles.

If any party of these Terms cancels and subsequently activate services, individually or collectively, within any period greater than 30 days but less than 60 days we will assess a labor charge equal to one Billing Cycle.

If you request cancellation of services or fail to pay all outstanding balances within 90 days of applying for new service we will assess a labor charge equal to three Billing Cycles. Labor charges assessed under this provision shall not be due, payable or collectible by you except when applying for new service under a new account. This provision is intended to deter you from activating and canceling service to avoid late fees and penalties for non-payment on otherwise valid accounts.

We do not pro-rate to fractional minutes except upon written agreement from us or where required by law.

Unused Services

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.

Fee Changes

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 agreement supersedes all other agreements except where prohibited by law.

Refunds

All payments are non-refundable.

Content

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.

Accounts

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.

Intellectual Property

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.

Reasonable Use

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:

Internal Network Support

Our products and services require an unfiltered commercial internet connection. If you choose, or cause others, too intercept, block, redirect, mitigate, throttle, filter, cache or mangle incoming or outgoing any internet communication used by our equipment or service then you do so at your own peril.

You agree not to request assistance for equipment or services if your internal network contains any of the following:

Equipment Warranty Limitations

Except when required by law; we reserve the right to refuse warranty service under following conditions:

Network Restrictions

We collect the Internet Protocol ("IP") network addresses and other identifiable information about visitors, users and others who access our products and services. We may use this information to restrict access to our products or services from all IP addresses previously used by visitors, users or others who violate these Terms. You agree to contact us before subscribing to verify any addressed used by you are not restricted. You agree these restrictions shall not relieve you of responsibility under these Terms, entitle you to compensation or entitle you to a refund. In our sole discretion we may elect to accept a funds deposit up to $250.00 USD to remove restrictions on one or more IP network addresses. Any funds are forfeit if you violate these Terms.

Number Portability

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.

Port Fee

You agree to contact us in writing and pay us $10 per phone number for all port out requests. You agree to pay all fees before submitting a port request to another carrier. If a number port is requested without advance payment we may assess an administrative fee of $50 per number ported from your account. We will not debit your credit card or bank account for these fees without prior written consent. If your account balance becomes negative due to a port out request then we will disable all numbers subject to porting and restrict or terminate all remaining services immediately and without notice. Any account restrictions are assumed to be a violation of these Terms and subject to a substantial account deposit or pre-prepayment of funds to restore service. Any services terminated may not be recovered or restored. If your account balance is negative we may reject all port requests and seek to reverse any previously approved port requests. You agree to pay all labor charges, fees and legal expenses necessary to reverse any unapproved port requests. We are not responsible for fraudulent port requests submitted by third parties on your behalf.

Regulatory Demand

You agree to compensate us, upon request, a reasonable labor fee greater of a) $85.00 USD or b) $85.00 USD per part of hour for all requests served to us by a lawful court or regulatory agency of any jurisdiction.

If any discovery request contains a lawfully binding non-disclosure order then we may restrict your account until the non-disclosure order is no longer binding.

Termination

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.

Indemnification

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.

Disclaimer

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.

Exclusions

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.

Governing Law

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.

Changes

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.

Equipment

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, Line or Plan

The terms extension, device, line 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, line 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 Description

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.

Call Recordings

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.

Content Hosting

"Your Data" and grammatical variants thereof shall mean any data, including but not limited to documents, e-mails, images, videos, visual materials, advertisements, web pages, or other Content, related to your use of the Service or otherwise stored on or transmitted by our Equipment.

We shall provide to you a non-transferable, revocable, non-sublicensable, non-exclusive and limited license to use the amount of server space allocated to your Services for your non-exclusive use for the exclusive purpose of storing your Data and disseminating said Data via the Internet through the use of our Equipment for purposes consistent with this Agreement.

You are responsible for backing up your Data on your own computer. We do not warrant or otherwise guarantee that we will back up your Data or that data which has been backed up can be retrieved, and will not be responsible for any archiving or backup of your Data. If any of your Data is damaged, deleted, lost or corrupted in any way, or becomes otherwise unavailable, whether due to termination or suspension of your account pursuant to this Agreement or otherwise, we will have no obligation or liability to you.

Our offer of a paid or subscription backup service is provided "As Is" basis without warranty of any kind, express or implied.

Emergency Communication

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

Paper Payments

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.

Privacy

You agree to waive any expectation of privacy under these Terms.

Returned Payments

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.

PERSONAL GUARANTEE

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.

Contact Us

If you have any questions about these Terms, please contact us.