terms and conditions – Qubic Telecom

general terms and conditions

general

Please read the following Terms and Conditions of use carefully before using this website. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. Qubic® reserves the right to adjust prices and policies at any time. If the website displays an incorrect price, we reserve the right to cancel your order and provide a refund or adjust to the current price.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Qubic. The collective work includes works that are licensed to Qubic. Copyright 2017, Qubic ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Qubic or purchasing Qubic products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Qubic or to purchase Qubic products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Qubic. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

Qubic™ is a registered trademark of Qubic, Inc. All trademarks, service marks and trade names of Qubic used in the site are trademarks or registered trademarks of Qubic, Inc. Only Qubic and its authorized resellers and licensees may use the Qubic Logo in advertising, promotional, and sales materials. Use of the Qubic Logo for commercial purposes without the prior written consent of Qubic may constitute trademark infringement and unfair competition in violation of federal and state laws. Use of Qubic trademarks may be prohibited, unless expressly authorized.

Warranty Disclaimer

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Qubic disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Qubic does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Qubic does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

Qubic shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Qubic has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a Qubic product is mistakenly listed at an incorrect price, Qubic reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Qubic reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Qubic shall issue a credit to your credit card account in the amount of the incorrect price.

Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Qubic without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Qubic may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Qubic.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Qubic products) shall be in the state or federal courts located in Orange County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Qubic products) must be commenced within one (1) year after the claim or cause of action arises. Qubic’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Qubic may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Qubic or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

E-mail Notification

By placing an order via Phone, Fax, Email or Online, you automatically accept all the terms and policies on this website. Please note that while our online system automatically sends an order confirmation, not all internet providers will accept these automatic confirmations as real mail and will cause them to bounce back to the sender or be deleted due to SPAM filters. As a result you may not get a confirmation of your order, but you are still obligated by all of the terms and policies when ordering.

Participation Disclaimer

Qubic does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Qubic is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Qubic reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark, or other intellectual property right of another or (d) offensive or otherwise unacceptable to Qubic in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Qubic, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Qubic may link to sites operated by third parties. However, even if the third party is affiliated with Qubic, Qubic has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Qubic. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Qubic seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Terms and Conditions for Cloud Based VoIP Systems

Scope and Service: Qubic offers a cloud-based unified communications service that includes enterprise-class voice, fax, call handling, and bring your own device (BYOD) capability that integrates with a growing list of applications.

Payment Terms: Invoice for Services are due and payable in U.S. dollars upon receipt. If any invoice is not paid by past Due Date, Qubic Inc. may (i) apply a late charge; (ii) require an additional Security Deposit or other form of security; and/or (iii) take any action in connection with any other right or remedy Qubic Inc. may have under this Agreement and its tariffs, whether at law, or in equity, including the disconnection of service.

Billing Disputes: If Customer in good faith submits a qualified dispute for any portion of any Qubic Inc. invoice, Customer shall submit to Qubic Inc., full payment of the undisputed portion of the invoice and written documentation identifying and containing the disputed amount. Disputes must be received by Qubic Inc. within (60) days of Due Date or Customer’s right to any billing adjustment shall be waived. A qualified dispute shall be determined by Qubic Inc. in its sole discretion.

Effective Date: The effective date of each Supplement shall be the tenth day of the calendar month in which service and billing commence.

Notices: All notices and other communications hereunder, including notices of breach of this Agreement, shall be in writing and shall be deemed to have been duly given as the date of delivery or confirmed facsimile transmission.

Events of Default: A “Default” shall occur if (a) Customer fails to make payment as required under this Agreement and such failure remains uncorrected for seven (7) calendar days after written notice from Qubic Inc.; or (b) either party fails to perform or observe any material term or obligation(other than making payment) contained in this Agreement, and any such failure remains uncorrected for thirty (30) calendar days after written notice from the non-defaulting party informing the defaulting party of such failure. If Customer uses the Services for any unlawful purpose or in any unlawful manner, Qubic Inc. shall have the right to immediately suspend and/or terminate any or all Services hereunder without notice to Customer.

In the event of a Customer Default for any reason, Qubic Inc. may: (i) suspend Service to Customer; (ii) cease accepting or processing orders for Services and/or; (iii) terminate this Agreement. If this Agreement is terminated due to a Customer Default, such termination shall not affect or reduce Customer’s minimum monthly commitments required under this Agreement, if applicable, and all Early Termination Charges shall apply. Customer agrees to pay Qubic Inc. reasonable expenses (including attorney and collection agency fees) incurred in enforcing Qubic Inc. rights in the event of a Customer Default. Further, Customer agrees to return all equipment installed by Qubic.

In the event of a Qubic Inc. Default, Customer may terminate this Agreement without incurring Early termination Charges. Customer will, however, remain liable for all charges incurred for Services provided prior to Customer’s termination of this Agreement.

Term: This Agreement defines the Term of each Supplement, which shall be the term stated above, from the effective date of each Supplement (“initial Term”). Each Supplement will be automatically renewed for a one year upon expiration of the Initial Term or the immediately preceding Renewal term, unless (i) earlier terminated; or (ii) written notice has been given by either party at least sixty (60) days prior to the end of the then current Term, that such party does not consent to renewal. “Term shall mean the “Initial Term” and all “Renewal Terms” collectively.

Certifications: Customer hereby represents and warrants that it is certified to do business in all jurisdictions in which it will be utilizing Qubic Inc. Services.

Additional Assurances: If at any time during the term of this Agreement there is a material and adverse change in a Customer’s financial condition, which shall be determined by Qubic Inc. in its sole discretion, then Qubic Inc. may require a deposit or increase the amount of an existing Customer deposit. If Customer refuses to provide such deposits, Qubic Inc. may terminate this Agreement. In such an event, all unpaid invoice amounts will be due immediately as will early termination and cancellation charges.

Assignment: Customer may not assign this Agreement without the express written consent of Qubic Inc. which consent shall not be unreasonably withheld.

Waiver of Breach or Violation not Deemed Continuing: The waiver by either party of a breach or violation of any provision of this Agreement shall not operate as or be construed to be a waiver of any subsequent breach hereof.

Regulatory: Customer shall be responsible for all sales, gross receipts, use, excise and other federal, state and local taxes, charges and assessments, which will be separately listed on each invoice along with any fees or surcharges applicable to the Services.

Business Relationship: This Agreement shall not create any agency, employment, joint venture, partnership, representation, or fiduciary relationship between the parties. Neither party shall have the authority to, nor shall any party attempt to, create any obligation on behalf of the other party.

System Maintenance: In the event Qubic Inc. determines that it is necessary to interrupt Services or that there is a potential for Services to be interrupted for the performance of system maintenance, Qubic Inc. will used good faith efforts to notify Customer prior to the performance of such maintenance. In no event shall interruption for system maintenance constitute a failure of performance by Qubic Inc.

Property and Purchase option: Any equipment including all associated software (collectively “equipment”) installed by Qubic Inc. at the Customer’s premises remains the personal property of Qubic Inc., and nothing contained in this Agreement shall give or convey to Customer any right, title or interest whatsoever in such Equipment. Customer agrees not to interfere with or damage the Equipment, and further agrees to reimburse Qubic Inc. for any loss or damage thereto that is caused by the international or negligent acts of Customer, its agents, employees, authorized users or representatives. Customer will allow Qubic Inc. to promptly remove the Equipment from Customer’s premises upon termination of the Services for which the equipment was installed. If no default exists under this Agreement, Customer may have the option at the end of the original term to purchase all of the Equipment at One Dollar ($1.00) US, plus any applicable taxes. Upon payment of the purchase option, we shall transfer our interest in the Equipment to you “AS IS, WHERE IS” without any representation or warranty whatsoever.

Warranty, Disclaimer, Limitation of Liability and Indemnity: For purposes of this Section, the term “Qubic Inc.” shall be deemed to include Qubic Inc., its affiliates, shareholders, directors, officers and employees, and any person or entity assisting Qubic Inc. in its performance pursuant to this Agreement.
a. Warranty disclaimer. Without limiting any express financial or liability provisions provided for in this agreement, neither party shall be liable to the other for any indirect, consequential, exemplary, special, incidental or punitive damages (including without limitation, lost business, revenue, profits, or goodwill) arising in connection with this agreement or the provision of services hereunder (including any service implementation delays/failures), under any theory of tort, contract, warranty, strict liability or negligence, even if the party has been advised, knew or should have known of the possibility of such damages. Qubic Inc. makes no warranties express or implied, as to any service provisioned hereunder. Qubic Inc. Specifically disclaims all implied warranties, including without limitation any implied warranties of merchantability, fitness for a particular purpose, or title or infringement of third-party rights.
b. Qubic Inc. shall not be liable for any act, omission of any other entity furnishing Customer with facilities or equipment used with the Services, nor shall Qubic Inc. be liable for any damages or losses due in whole or in part to the fault or negligence of Customer or due in whole or in part to the failure of Customer-provided equipment or facilities.
c. Limitation of liability. Notwithstanding the provisions of subparagraph (a), Qubic Inc.’s total liability in connection with this agreement shall in no event exceed the lesser of (1) direct damages proven by customer, or (2) the aggregate amounts paid by customer to Qubic Inc. for the three month period prior to accrual of such cause of action for the specific product or service which forms the basis for such cause of action, (3) in the case of tariffed services, the credits available to customer under Qubic Inc.’s then standard tariffed limitation of liability. The foregoing limitation applies to all causes of action and claims, including without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and other torts. Further Qubic Inc.’s liability with respect to individual Qubic Inc. Services may also be limited pursuant to the terms and conditions of the applicable supplements. Customer acknowledges and accepts the reasonableness of the forgoing disclaimers and limitations of liability. No cause of action under any theory which accrued more than one (1) year prior to the institution of a legal proceeding alleging such cause of action may be asserted by either party against the other.
Force Majeure: Qubic Inc. shall not be liable for any failure of performance hereunder due to causes beyond its reasonable control including, but not limited to; acts of God, fire, explosion, vandalism, cable cut, problems within RBOC or ILEC networks, flood, storm, or other similar catastrophe; any law, order, regulation, direction, action or request of the United States government, including state and local governments having jurisdiction over either of the parties, or any department, agency, commission, court, bureau, corporation or other instrumentality of any one or more of said governments, or of any civil or military authority; national emergencies; insurrections; riots; terrorist actions; wars; or strikes, lock outs, or work stoppages.

Early Termination Charges Prior to Service Installation: If Customer terminates Agreement prior to installation date for Services, 100% of Installation Charges and equipment lease cost will apply, even if those charges had been initially waived.

Early Termination Charges After Service Installation: early termination charges apply if, 1) Customer terminates this Agreement prior to the expiration of any Term, for reasons other than for a Qubic Inc. Default; or 2) Qubic Inc. terminates this Agreement as a result of a Customer Default, Customer will be required to pay, as an Early Termination Charge, and not as a penalty, in addition to all accrued but unpaid charges through the date of such termination, the amount obtained by multiplying the individual MRCs by the remaining number of months left in each respective term. If termination as described above occurs prior to the fourth month’s invoice, the MRC will be defined as the Total Monthly Rate as specified in each Supplement. If Customer terminates prior to the expiration of any Term, customer shall pay any waived costs.

Legal Construction: In the event on or more of the provisions contained in this Agreement shall, for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

Acceptable Use Policy for Qubic Telecom VoIP Services

This Acceptable Use Policy (AUP) applies to all VoIP services provided by Qubic Telecom. Compliance with this AUP is mandatory for all users and is incorporated into your agreement with Qubic Telecom. This document outlines acceptable and prohibited uses of our services.

The services provided by Qubic Telecom, including any devices, systems, networks, or accounts used in conjunction with our services, must not be used for the following activities:

Illegal Activities: Engaging in any activity that violates applicable laws or regulations.
Prohibited Resale: The resale of our services is strictly prohibited, including sublicensing, assignment, or usage on a service-bureau or time-sharing basis.
Infringing Activities: Violation or infringement of intellectual property, privacy, or other rights of any party. Unauthorized use of Qubic Telecom’s trademarks or branding is also prohibited.
Exploitation of Minors: Activities that harm or exploit minors in any way are strictly forbidden.
Malicious Activities: Transmitting harmful or dangerous programs like viruses, malware, or spyware.
Objectionable Activities: Indecent, offensive, threatening, defamatory, or objectionable conduct, including phishing, spamming, or violation of our SMS/MMS Content Guidelines.
False Representation: Misleading others about your identity, including ID spoofing or forging addresses.
Information Harvesting and Spam: Unauthorized collection of information about others, or sending bulk communications without consent.
Excessive or Unauthorized Use: Misuse of any device, system, network, account, or the services, including activities that harm or compromise the services or network.
Security Circumvention: Bypassing, exploiting, or circumventing service limitations, security mechanisms, or compliance requirements.
Data Interception: Unauthorized interception, monitoring, or redirection of communications or data.

Additional Prohibitions for Qubic Telecom Services:

Auto-Dialing and Predictive Dialing: Users must not engage in auto-dialing or predictive dialing activities.
Trunking and Call Forwarding: Trunking or forwarding your Qubic Telecom phone or fax number to numbers that handle multiple simultaneous calls, or to a private branch exchange (PBX) or key system, is prohibited.
Automated Use: Using Qubic Telecom MVP Services in a manner inconsistent with typical human operation is not allowed. This includes the use of desktop automation software or tools that contravene the SMS/MMS Content Policy, or the sending of voice calls or text messages indicative of phishing or spam.