JOIBIZ TERMS OF SERVICE

Thank you for selecting JoiBiz hosted PBX as your Voice-Over-Internet Protocol (“VOIP”) service provider.  Once You have selected a Service Plan, You may activate your Service by clicking “accept” and initialing where indicated this will bond you to this Terms of Service (“TOS”) .  However, before You do so, there are a few important things to understand about the Service and, in particular, about its 911 emergency calling limitations as compared to traditional 911 emergency service.  It is also very important that You carefully review and understand this Agreement.  By indicating your acceptance, You represent that You are of legal age and agree to be bound by the rates, terms and conditions of this Service and this Agreement.  If You have questions, please call Us at 1-877-JOI-BIZ-1 or send e-mail to support@JoiBiz.com

This Agreement is between JoiBiz, LLC, a Georgia limited liability company (“We”, “Us”, “Our” or “JoiBiz”) and the person signing below (“You”, “Subscriber” or “Customer”) for your use of the JoiBiz hosted PBX VOIP Services (“Service”) (“Agreement”).  The term “User” means You or any other person using the Service under your account and You are responsible for your and all other Users’ use of the Services.
Emergency Calling – 911 Dialing  With traditional Enhanced 911 (“E911”) emergency Service, when You dial “911”, your telephone number and registered address is simultaneously sent to the local emergency center assigned to your location, and emergency operators have immediate access to your telephone and address, thus permitting them to respond to your emergency call or to call You back if necessary.  With JoiBiz’s Service, if You are located in an area where the emergency center does not support E911 emergency Service (i.e., is not capable of simultaneously receiving your telephone number and address), You have basic 911 emergency Service.  JoiBiz partners with one of the leading 911 underlying service providers in order to assist You in case of an emergency.  JoiBiz depends upon its E911 and basic 911 underlying service provider to assist JoiBiz in supporting your emergency calls.  Most of JoiBiz’s Service areas support E911 emergency calls.  JoiBiz will automatically upgrade its customers that have basic 911 emergency Service to E911 emergency Service once its underlying service provider upgrades its connections to the emergency call centers.  If You have basic 911 emergency Service, the local emergency operator will not have immediate access to your call back number or to your exact location when receiving your emergency call.  Accordingly, You must be prepared to give the basic 911 emergency operator this information.  Until and unless You do so, the basic 911 emergency operator may not be able to call You back or dispatch assistance if the call is disconnected or if You are unable to verbally communicate that information.  We will not give You notice of the upgrade, however You can verify your type of 911 emergency Service by logging into your account online.  JoiBiz’s Service is only available in areas where 911 emergency Services can be provided to You at your registered physical location that was approved by Us when You either signed up for Service or when You updated your registered physical location information with Us. You are solely responsible to maintain and update this information as required to keep it current, complete and accurate.
Acknowledgement  You understand and acknowledge that JoiBiz’s 911 emergency Service has certain limitations and works differently when compared to traditional 911 emergency service.  JoiBiz’s 911 emergency Service limitations and the way JoiBiz deploys its 911 emergency Service may make JoiBiz unsuitable to some users.  You should carefully evaluate JoiBiz’s 911 emergency Service limitations when deciding to activate JoiBiz’s Service.  You agree and acknowledge that it is your responsibility to select a 911 emergency service provider best suited to meet your emergency calling needs, and to make the necessary arrangements for accessing emergency calling services, such as maintaining a traditional phone line or cellular (mobile) phone as a backup means for your emergency calls.  By entering into this Agreement, You will be presumed to have assumed the risk of losing 911 emergency dialing capabilities and agree to provide your telephone number and other identifying information to 911 emergency authorities as JoiBiz deems necessary (in its sole opinion and discretion) in case of an emergency. JoiBiz may attempt to route a 911 call based upon the bill-to or ship-to addresses associated with the end user's account or initial order information.
Limitations of Emergency Calling – 911 Dialing  JoiBiz depends upon certain third parties to provide 911 emergency Service and is thus subject to their network implementation and deployment schedules.  Consequently, E911 emergency Service may be limited or unavailable in certain geographic areas until these third parties have completed this implementation and deployment.  When You sign-up for the Service, We will advise You of the kind of 911 emergency Service, E911 or basic 911, that will be available with your Service.  In addition, You may view your account information on Our Website, which specifies the kind of 911 emergency Service You have.  When there is a problem validating a customer’s information and/or address or customer is identified with an international location, your 911 emergency call will be sent to the national emergency call center.  In addition, emergency personnel will not receive your telephone number or know your physical location when your 911 emergency call is routed to the national emergency call center.  Routing to a national emergency call center could substantially delay the response of emergency service providers or could result in no emergency service being provided to You at all.

JoiBiz’s 911 and E911 Emergency Service may also be Limited or Unavailable in the Following Circumstances:

  • If your Digital Subscriber Line (“DSL”), cable modem, or other broadband access connections are disconnected, suspended, or interrupted for any reason, including electric power failures;
  • If You relocate from your physical location or move the JoiBiz Devices (if applicable) to a location other than the one that You registered with Us  or if You otherwise disconnect or modify the JoiBiz Devices;

 

  • If You change your telephone number or if You add new telephone numbers to your account, and do not successfully register your location of use for each changed or newly added telephone number;
  • If there are delays or disruptions of Service in the network or Services of JoiBiz’s 911 underlying service provider;

 

  • If there is network congestion and/or a reduction in network speed; or
  • If Service is interrupted or terminated for any reason, including the suspension or termination of your account with Us or with your broadband access supplier.

While JoiBiz will make commercially reasonable efforts to minimize the disruptive effects of JoiBiz’s Service interruptions, degradations, or outages, it makes no guarantees or assurances that these will not occur.  Such commercially reasonable efforts are JoiBiz’s sole obligation regarding such interruptions.  Such outages or other Service disruptions may include loss of 911 emergency Service dialing capabilities for extended periods of time.

Furthermore, office or home alarm systems, fax machines and other devices that attach to your office  or home computers, local telephone service, cable system or other user devices such as medical monitoring equipment and tty equipment may not work with the Service. User has no claim against JoiBiz for interruption or disruption of such devices  by the services. 911 service is not offered on Tollfree, virtual numbers You are solely responsible for testing the operation of your office or home alarm systems, fax machines or other devices that You attach to the Service.

END USER ACKNOWLEDGES AND UNDERSTANDS THAT JOIBIZ WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 OR ANY OTHER EMERGENCY TELEPHONE NUMBER USING JOIBIZ OR TO ACCESS AN EMERGENCY SERVICE OPERATOR DUE TO THE 911 DIALING CHARACTERISTICS AND LIMITATIONS SET FORTH IN THIS AGREEMENT. END USER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS JOIBIZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO END USER IN CONNECTION WITH THE SERVICES, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, END USER OR ANY THIRD PARTY OR USER OF THE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING.
Use and Restrictions   The Service is provided to you as a business user. You agree not to sell, resell or transfer or land the Service to any other person for any purpose, or make any charge for the use of the Service, without the prior written permission from JoiBiz. Nor may You use the Service for auto-dialing, continuous or extensive call forwarding, call center activities, telemarketing, call relaying, fax broadcasting or fax blasting without the prior written permission from JoiBiz. You agree that if JoiBiz determines in its sole discretion that you have used the Service, and/or anyone else has used the Service for any activities prohibited by this section we may charge you $200 administrative fee per violation. JoiBiz, in addition to all other remedies, has the right to immediately terminate or modify your Service.
Prohibited Uses  You may use the Service and the JoiBiz Devices for lawful purposes.  Any use of the Service or the JoiBiz Devices in any way that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or that cause disruption in the network integrity of JoiBiz or its vendors, whether directly or indirectly or any other similar behavior is strictly prohibited and could result in termination of the Services at the sole discretion of JoiBiz. You understands that neither JoiBiz nor its vendors are responsible for the content of the transmissions that may pass through the Internet and/or the Services.  You may not tamper with the Services or with the JoiBiz Devices, nor interfere with the provision or use of the Services to or by any other person. you shall not transmit through the Service any unlawful, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. In addition to all other remedies, We have the right to immediately terminate your Service without notice, if, in Our sole and absolute discretion, We determine that You have used the Service or the JoiBiz Devices for an unlawful purpose or in violation of this Agreement.

Data Storage JoiBiz reserves the right to modify its practices and limits concerning use of the Services and software, including without limitation, the maximum number of days that content will be retained by the Service, the maximum disk space and or bandwidth capacity that will be allotted on servers owned and or operated by JoiBiz on Customer’s  behalf, if any. Where practical, JoiBiz will provide the Customer with prior notice of such new or modified practices; provided however, that JoiBiz shall have the absolute right to implement such new or modified practices without prior notice in its sole discretion and without liability or any kind. JoiBiz will not be liable for any lost of data or other information we may store for Customer.
Electronic Recording  Customer acknowledges and understands that there are federal and state statutes governing the electronic recording of telephone conversations and that JoiBiz will not be liable for any illegal use of the service. Because Customer circumstances vary widely, Customer should carefully review their own circumstances when deciding whether to use the recording features of the service and it is the Customer responsibility to determine if the electronic recordings are legal under the federal and state statutes. JoiBiz is not responsible for any misinterpretation, lack of understanding or lack of knowledge regarding the use of electronic recordings or the use of its products by Customer whether legal or illegal. See more info about call recording at http://www.callcorder.com/phone-recording-law-america.htm

COMPLIANCE WITH FEDERAL, STATE AND LOCAL REGULATIONS
Subscriber shall be fully and solely liable for any prerecorded audio, voice transmissions, and text messages sent through the Service and fully responsible for compliance with applicable law. Subscriber acknowledges that JoiBiz has no involvement in the acquisition or development of Subscribers call list(s) or control over the content of any transmission or the destination such transmission will be sent nor will JoiBiz be liable for such content.

  • Subscriber is fully and solely responsible to be aware of, understand, and comply with all of the rules and regulations applicable to Subscriber's use of JoiBiz Service including but not limited to Federal Trade Commission rules and regulations, Federal Communication Commission rules and regulations, National Do Not Call Registry rules and regulations and individual state Do Not Call rules and any applicable individual state or local regulations, Controlling the Assault of Non-Solicited Pornography and Marketing Act, along with any other federal, state, or local laws that may be applicable to Subscribers use of JoiBiz Service. Subscriber agrees not to violate these, or any other federal, state, or local law and represents and warrants that Subscribers use of JoiBiz will not cause JoiBiz to violate these or other similar laws.
  • Subscriber understands that the Federal Trade Commission Telemarketing Sales Rule prohibits the transmission of pre-recorded phone calls that are part of a plan, program or campaign which is conducted to induce the purchase of goods or services or charitable contributions. The Federal Trade Commission Telemarketing Sales Rule provides that calls may be permissible provided calls are placed only to consumers who have provided their prior expressed signed written consent to receive such calls. Use of JoiBiz Service for the delivery or transmission of pre-recorded phone calls that are part of a plan, program or campaign which is conducted to induce the purchase of goods or services or charitable contributions not in compliance with applicable law is strictly prohibited. Notwithstanding the language contained in this paragraph calls initiated and placed by the Subscriber specifically to consumers who have provided the Subscriber with their prior expressed signed written consent to receive such calls as provided by the Federal Trade Commission Telemarketing Sales Rule at 16 CFR Part 310 and any amendments thereof shall not be deemed prohibited. Subscriber understands that compliance with federal, state and local law is solely the responsibility of the Subscriber.
  • Subscriber understands and agrees that if Subscribers use of JoiBiz Service includes initiating or receiving telephone calls to or from customers or donors then Subscriber shall comply with all applicable federal, state and local laws including but not limited to laws pertaining to telemarketing.
  • Subscriber is fully and solely responsible to be aware of, understand, and comply with the anti-solicitation provisions of the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. § 227, the Federal Communications Commission implementing regulations, at 47 CFR § 64.1200 et seq., the Federal Trade Commission’s Telemarketing Sales Rule at 16 CFR Part 310 and any amendments and any similar laws, the Controlling the Assault of Non-Solicited Pornography and Marketing Act and any other similar laws. Subscriber agrees not to violate these, or any other applicable federal, state, or local anti-solicitation laws, and represents and warrants that its use of JoiBiz Service will not cause JoiBiz to violate these or other similar laws.
  • Subscriber agrees that it is the sole responsibility of the Subscriber to abide by any laws defined by the State or Federal Government in which Services will be applicable. Subscriber understands and agrees that JoiBiz will not be held responsible for damages to the Subscriber or any third party incurred due to Subscriber's failure to abide by state and/or federal laws and will seek indemnification from Subscriber for damages it sustains from Subscriber’s breach of this provision as per Section 8 of this document.  Please refer to the Telephone Consumer Protection Act of 1991, the Telemarketing Sales Rule, the Controlling the Assault of Non-Solicited Pornography and Marketing Act. You may visit the Federal Communications Commission website at http://www.fcc.gov and the Federal Trade Commission website at http://www.ftc.gov and or refer to the appropriate State Attorney General’s office or other applicable offices for rules and or regulations pertaining to your intended application and use of the Service.


Use of Service Outside the United States You may make International calls using Our Service, however If you use the Service or the JoiBiz Device outside of the United States, You will be solely responsible for – and You expressly agree to indemnify, defend and hold harmless JoiBiz, its officers, employees, agents and contractors from and against any claims, judgments, liabilities and expenses (including reasonable attorneys’ fees) arising from or in connection with – violations of any foreign or local laws, policies or regulations resulting from such use.  
Number Selection   JoiBiz shall supply You with a new telephone number (“Number”) upon your selection of a Service Plan for your use solely in connection with the Service.  You may not resell the telephone number and JoiBiz conveys no right, title or interest whatsoever in the telephone number to You. Upon expiration, cancellation or termination of the Services, Customer  shall discontinue use of any Numbers, voice mail access numbers and/or web portals assigned to You by JoiBiz or its vendors
Conditions of Using the Service  As a condition of using the Service, it is your responsibility to provide DSL, cable modem, or other broadband access connections for use with the Service.  You are solely responsible for ensuring that the broadband access connection works properly and is compatible with the Service, including without limitation, making arrangements with your broadband provider to install, troubleshoot, and maintain these connections.  Your payment obligations are not excused by such broadband access failures.  JoiBiz’s limitations of liability and your indemnification obligations described below fully apply to any failures of Service caused by the broadband access connections or its providers.
Register Your Physical Location   When You first subscribe to JoiBiz’s Service You must register with JoiBiz the address of the physical location where You will be using the Service.  Whether You move the JoiBiz Devices and/or the Service to another location You are required to register the new location with Us by logging into Our Website at www.JoiBiz.com/911address.htm Whether You move the JoiBiz Devices (described below) or the Service to another location and You do not register your new location with Us, any call You make using the 911 emergency Service feature will be sent to an emergency call center near the address You registered as your physical location of use when You subscribed to the Service, and not to the new location where You will use the JoiBiz Devices and/or Service.  You may only register one location at a time for each broadband access line that You use with the Service.  We do not guarantee that 911 emergency Service will be available at the new location.
Notify All Users  You agree to be fully responsible at all times during the term of this Agreement for notifying all members of your household and all other persons at your location of the limitations on 911 and E911 emergency Services (described above) and the possible loss of 911 emergency dialing capabilities, and of JoiBiz’s limitations of liability and disclaimers described in the previous paragraphs.  It is your responsibility to prominently display the E911 emergency warning stickers (“911 Stickers”) that were sent to You in your welcome packet, at or near the telephone handset to be used with the Services.  If You did not receive these 911 Stickers with your JoiBiz Devices or if You require additional 911 Stickers, please contact Our customer care department at 1-800-JoiBiz.
No Resale  Unless otherwise agreed in writing between You and JoiBiz, the Service is for your use only and may not be resoled or otherwise commercially distributed to any other person or entity.
Equipment Use  You are solely responsible for use and safekeeping of the JoiBiz Devices and the accessories You have received (“Equipment”) and are fully responsible for all damages thereto or theft thereof.  You may not modify or alter this Equipment in any way and must return it to Us upon termination or expiration of the Service in the same condition as received, reasonable wear and tear accepted.  The JoiBiz Devices may only be used with the JoiBiz Service.
Billing and Payment  To activate the Service, You must provide Us with a valid email address and a credit or debit card number from a card issuer that We accept.  You must promptly advise Us if your credit/debit card account expires, is closed or cancelled or replaced, or if your billing address changes.  We will bill all charges, applicable taxes and surcharges monthly and/or yearly in advance (except for usage-based charges, which will be billed monthly in arrears, and any other charges which We decide to bill in arrears) to your credit/debit card, including but not limited to: (i) Service usage charges, activation fees, international usage charges, additional feature/add-on charges, JoiBiz Devices shipping, handling and replacement fees; Service disconnection or reconnection charges if applicable; and (ii) any and all federal, state and local taxes, sales, use, value added, excise, regulatory charges (including 911 emergency cost recovery charges) and other charges (including Universal Service Fund charges) that any competent federal, state, local, domestic, international or foreign government, court, tribunal, agency or other regulatory, judicial or administrative authority (collectively, “Regulatory Authority”) may assess at any time on the Services during your Service Plan period (“Regulatory Charges”).  JoiBiz will not be responsible for any charges made by the Credit Card issuer to End User's Credit Card account for exceeding credit limit, insufficient funds or other reasons Your obligation to pay all usage charges and Regulatory Charges will survive the Agreement’s termination indefinitely.
Rate Schedules and Charges  The amount of such usage charges and Regulatory Charges shall be published as rate schedules on Our Website at www.JoiBiz.com and may change from time to time. We will provide You with a monthly on-line billing statement for the Services and bill all charges invoiced to End User's account to the Credit Card. Such charges shall include activation fees, monthly service fees, shipping charges, disconnection fees, equipment charges, toll charges, taxes and any other applicable charges. Monthly service fees are paid in advance of each month's service; toll charges and any other applicable charges are billed subsequent to the end of each month's service. JoiBiz reserves the right to charge the Credit Card for charges, due if at any time End User's cumulative charges for the current month exceed forty-five dollars ($45.00). Billing for monthly service fees commences upon activation of the Services, activation occurs after you activate the services on JoiBiz web site.  We reserve the right to increase Our billing intervals if the amount You owe to Us at any time exceeds your account allowance.  We will charge you for every call you make (outbound) or receive (inbound)  using the Services (collectively refer as “Usage” ) that originates or terminates outside our network. All Service usage charges are billed in full minute increments, rounded up to the next full minute (unless otherwise set forth in the rate schedules found on Our Website).  Fractional usage charges are all rounded up to one cent (1¢) when the value is $.005 or more and down when the value is $.004 or less (unless otherwise set forth in the rate schedules found on Our Website). JoiBiz may change the prices for the Services and toll charges from time to time. JoiBiz may change prices, plans, taxes or fees without any advance notice
Promotions  JoiBiz may offer special prices and discount from time to time which will be valid only at time of purchase the service and entering the promotion code. JoiBiz offer no credit due to promotion but only at time when the promotion code where use at time of purchase.
Activation and setup Fee  This fee is for setting up your account and activating your Services.
Monthly Service Fee This is the basic charge associated with your Service.  This fee includes the calling charges defined by your Service Plan, the features associated with your Service Plan and basic account services. The features of this plan are included for free, JoiBiz does not guarantee that all features will work at all areas or at all, including but not limited to fax and Caller-ID with name display.
Telephone Number  Telephone number provided by JoiBiz to you shall be leased and not sold. You should use the JoiBiz number only with the service. JoiBiz reserves the right to change, cancel or move the Number at its sole discretion. When using the Auto Attendant feature for out bound calls you will be charged the list price rate per minute for the call destination regardless the type of plan you have.
International Usage Charges  Please go to Our Website at http://www.JoiBiz.com/cgi/IntRates.pl for Our International rates.
Advanced Features  Add-Ons, Premium Services – JoiBiz charges additional fees for enhanced features and services such as a Virtual Phone Number and Dedicated fax line, additional telephone line and other Add-Ons are offered on Our Website.
Regulatory Recovery Fee  JoiBiz reserves the right, to the extent permitted by law, to assess a regulatory surcharge on Customer’s charges from time to time to recover Universal Service Fund (USF) fees or other Regulatory Charges that Regulatory Authorities may assess on JoiBiz or the Services.
911 Emergency Regulated Charge   A 911 emergency cost recovery charge of $1.95 applies to each Service line.  This fee is used to recover costs associated with developing, implementing and maintaining a nationwide E911 emergency service in compliance with FCC regulations, JoiBiz’s 911 emergency dialing and the underlying service provider’s national 911 emergency call center.  State and/or local governments or third parties may assess fees on JoiBiz to pay for emergency services.  To the extent permitted by law, JoiBiz may pass those fees on to You and, in such circumstances, You agree to pay same. JoiBiz reserves the right to adjust the level of charges associated with the provision of the 911 services to reflect increases or decreases in the costs it incurs.
 Other Charges  You are responsible for all charges for international use and other per minute calls, as well as for calls to payphones, directory assistance, collect calls..  You agree that We will charge your credit/debit card for those calls.
Monthly Term   Service that is offered on a monthly basis begins on the date that JoiBiz activates your Service and ends on the day before the same date in the following month.  This Agreement automatically renews on a monthly basis unless You give Us written notice of non-renewal.  You are purchasing the Service for full monthly terms, meaning that if You attempt to terminate the Service prior to the end of a monthly term, You will be responsible for the full month’s charges to the end of the then-current term.  These charges include without limitation, unbilled charges, plus a termination fee, if applicable, all of which will immediately become due and payable.  You will also be responsible for the next full month’s charges in the event that You do not provide the requisite ten (10) calendar days’ notice of termination prior to the expiration of the then-current monthly period.  Expiration of the Monthly Service Plan or termination of Service will not excuse You from paying all accrued and unpaid charges due under this Agreement.  Notwithstanding the foregoing, if You terminate the Service and/or We terminate your Service for any reason You are required to return the JoiBiz Devices with its accessories in its original box, in good working condition and pay for the shipping, reasonable wear and tear excepted.  Otherwise, We will charge You Eighty Five Dollars ($85.00) in accordance with the provisions hereof.  You may cancel the Service without charge during the first thirty (30) days in accordance with the provisions of the money back guarantee. Cancellation should be made via e-mail to Billingl@JoiBiz.com or by United States Postal Service, first class, certified mail, return receipt requested, postage pre-paid. Cancellations will not be honored by telephone.  Any charges paid by You for any setup, shipping and handling, are non-refundable after thirty (30) days.

Billing and charges  All JoiBiz Service Plans require charges to be pre-paid.  Customer agrees to permit JoiBiz to automatically bill the credit/debit card given to Us upon Service activation on each successive anniversary date without additional Customer approval, unless Customer cancels the account in accordance with the provisions of this Agreement or by requests in writing to not renew the Services ten (10) calendar days prior to the Service Plan’s anniversary date. JoiBiz, in addition to all other rights and remedies, may suspend or terminate delinquent accounts at its sole discretion.  However, charges for any delinquent accounts shall continue to accrue unless and until the account is cancelled.  JoiBiz may bill Customer an additional charge of twenty five Dollars ($25) to reinstate a suspended or cancelled account.  Delinquent accounts are subject to an interest charge of 1½% per month (or the highest amount permitted by law) on the outstanding balance.  Termination of Service shall not relieve Customer from the obligation to pay any outstanding invoices.  Customer agrees to pay JoiBiz reasonable attorneys’ fees and costs in the collection of any outstanding invoices.

JoiBiz reserves the right to change the pricing for its Services at any time by posting the changes on its Website.  It is your responsibility to visit Our Website from time to time for notices of price changes.  Your sole remedy, in the event You refuse to be bound by the price change, is to terminate this Agreement without liability, subject to payment of all charges due through the date of termination.  Pricing changes may include, as applicable, additional charges for Regulatory Charges.

Money Back Guarantee; Limitations and Conditions. We offers a thirty (30) day trial period from the date of activation of your Service. If you are not satisfied with the Services during the Trial Period, We will refund service charge for the first month of Service. Shipping and setup fee charges are non-refundable. This refund is subject to the following conditions:

  • You have not exceeded 250 minutes of usage on all Plans
  • You cancel your Service within the thirty (30) day period;

Equipment. JoiBiz may sale or loan you equipment. We will not be liable for the lost or damage of the equipment once it left our location, all shipment are ex works, farther more we will pass to you all risk of lost or damage of the equipment upon it delivery.  We will provide you twelve month manufacturer's warranty from the date of purchase of equipment. you shall be required to obtain authorization from us to return any equipment. JoiBiz will provide replacement equipment only if the Equipment is deemed to be defective and covered under the warranty. We will not cover replacement for lost, stolen or modified equipment. Equipment returned by you that is not covered under warranty may be refused by JoiBiz and you will be responsible to pay return shipping charges.


Porting Existing Phone number(s) to JoiBiz
Porting fee is $20. JoiBiz waives one porting fee for each JoiBiz line. Customer must maintain the JoiBiz line for at least 60 days, otherwise $20 porting fee will be assessed.

  • Porting fee of $20 will apply for Customers that want to port their number to a Virtual Number
  • Porting fees are non-refundable
  • Porting may not be available under circumstances such as: Loosing phone provider is not cooperating with JoiBiz. Customer cancels his phone number with his current phone provider before the porting process completion. JoiBiz has no local service in a specific area.

Disputed Charges  User  may dispute any charge within 30 days from the date of the charge made  by JoiBiz, all disputes must be in writing to the mailing address as it appear on our website.  Customer may not withhold payment of any charges, whether disputed or not.  Any disputed amounts timely paid by Customer and subsequently resolved in favor of the Customer, will be credited to Customer’s account.  If Customer initiates a request for a “chargeback” with its credit/debit card company, JoiBiz may charge Customer a $25 “chargeback” fee for administrative costs associated with a “chargeback”. JoiBiz may also immediately block or cancel the customer and all accounts, without notice. Given this policy, JoiBiz recommends that Customer contact a representative of JoiBiz’s Billing Department ( Billingl@JoiBiz.com) before disputing any charges or requesting a “chargeback” with its credit/debit card company.

If, Our mutual good faith efforts notwithstanding, You and JoiBiz are unable to resolve any payment dispute within thirty (30) calendar days following Customer’s written notice, then the matter may be submitted by either party to dispute resolution.  If Customer fails to give JoiBiz written notice of a dispute with respect to any charges, credits, application of taxes or any other amounts invoiced to it hereunder within thirty  (30) calendar days of the date of an invoice, such invoice will conclusively be deemed correct and binding on Customer.
Disconnection for Non Payment  Customer agrees that, the arbitration provision of this Agreement notwithstanding, in the event Customer fails to pay any charges when due, JoiBiz may assign Customer’s account to a collection agency, which will have the right to bring an action for collection in court and to recover all costs (including reasonable attorneys’ fees) in bringing said action.
Disconnect Fee  Customer will be charged a disconnect fee of $49.50 upon termination of Service for any reason or for convenience of Customer, unless  the Customer is eligible for a full refund of the original sign up fees pursuant to the terms of the Money Back Guarantee as provided in this Agreement. The disconnect fee becomes due and payable immediately upon termination and will be billed directly to Customer's credit card.
Limitation of Liability and Disclaimers  JoiBiz shall not be liable for any damages arising out of or relating to: interoperability, access or interconnection of the Services with applications, devices (including WI-FI phones and soft-phones), Equipment, Services, content or networks provided by Customer, Users or third parties; Service interruptions or lost or altered messages or transmissions; or unauthorized access to or theft (including identity theft) and interception by hacking or other unlawful activities, alteration, loss, damage or destruction of Customer’s, Users’ or third parties’ applications, content, data, programs, information, network or systems. Except as expressly provided in this Agreement, all Services are provided “as is” and JoiBiz makes no warranty, express or implied, with respect to the Services (including any Equipment) or any work performed or to be performed under this Agreement, including any and all warranties of title, of merchantability or fitness for a particular purpose or use, and all such warranties are hereby expressly disclaimed.  The express warranties set forth in this Agreement (if any) constitute the only warranties made by JoiBiz with respect to this Agreement, the Services (including the Equipment) and are made in lieu of all other warranties, written or oral, statutory, express or implied.

Except where arising as a direct result of Our negligence, recklessness or willful misconduct, You hereby agree to release and discharge JoiBiz, its affiliates (together with its and their directors, officers, employees, agents and contractors) from any and against all actions, lawsuits, claims, damages, judgments, liabilities and expenses (including without limitation reasonable attorneys’ fees) whatsoever (collectively, “Claims”) that You may otherwise have in connection with the use (whether by You or by any other person) of the Services that are provided to You under this Agreement.

To the fullest extent permitted by law, You waive your right (and covenant not) to bring suit for said Claims against Us or any of the other persons mentioned in the previous sentence.  Notwithstanding any provision of this Agreement to the contrary, JoiBiz has no liability under this Agreement whatsoever to Customer or to any User for any special, incidental, indirect, punitive, or consequential damages, whether foreseeable or not, regardless of the form of action, whether in contract or tort (including strict liability) and such damages include without limitation economic loss or lost business or profits, damages arising from the use or performance of the Services, Equipment or Software (or from the loss of use thereof).

Nor does JoiBiz have any liability whatsoever for any damages arising directly or indirectly from any interruption of Service, or from any transmission delay, error, or loss, or from the loss, alteration, or destruction of data, files or any information to the extent any of the foregoing damages arise in any manner out of, or in connection with, this Agreement, the Services or JoiBiz’s performance or nonperformance of its obligations under this Agreement. 

 
JoiBiz also has no physical control over, or the manner in which, calls using Our 911 emergency Service are delivered by Our 911 underlying service provider or whether or if they are properly answered or addressed by any local emergency response center.  Accordingly, JoiBiz hereby disclaims any and all responsibility for the handling of such calls by any of said third party or of any other conduct of local emergency response center or of the national emergency calling center used by Our 911 underlying service provider.

JoiBiz also relies on its 911 underlying service provider and other third parties to route 911 emergency calls to the proper emergency response center.  Accordingly, JoiBiz disclaims any and all liability or responsibility for any failure or omission on the part of such third party and by using the Services, You agree that neither JoiBiz, nor any of its affiliates (or its or their officers, employees, or agents) will have any such liability or responsibility and, to the fullest extent permitted by law, You hereby waive any and all such Claims or causes of action, arising from or relating to Our 911 emergency Service unless such claims or causes of action arose from Our  negligence, recklessness or willful misconduct.

If You are not comfortable with the limitations of the 911 emergency Service, You should consider having an alternate means of accessing traditional 911 emergency services or disconnecting the Service.

Termination Rights   JoiBiz reserves the right to terminate the Service with You at any time.  If We terminate your Service for no reason You are obligated to pay all charges due and return the Equipment.  We will not impose any termination fees. If We cancel your Service for non-compliance with the terms of this Agreement, You will be liable to pay all charges due and return the Equipment.  We will charge You applicable termination fees.
Notices  Any notice or other communication required or permitted to be given hereunder must be (a) in writing, (b) effective upon receipt, and (c) delivered by one of the following means: (i) by pre-paid, overnight package delivery or courier service; and (ii) by the United States Postal Service, first class, certified mail, return receipt requested, postage pre-paid.  The following also constitute receipt: (i) a party’s rejection or other refusal to accept notice, and (ii) the inability to deliver to a Party because of a changed address.  Notwithstanding the foregoing sentence, notice of change of a party’s address is not to be deemed effective until ten (10) calendar days after the date of the other party’s receipt thereof.  All notices given under this Agreement must be addressed as follows:

For Customer: Address specified in the sign-up page and/or in the Customer profile

For JoiBiz: JoiBiz 2870 Peachtree Rd #413 Atlanta, GA 30305

Software Intellectual Propertie  JoiBiz hereby grants Customer a personal, non-transferable and non-exclusive sublicense (without the right to further sublicense) to use, in object code form, all software used in conjunction with (or imbedded in) the Service and the JoiBiz PBX, together with all written and electronic documentation and data provided to You by JoiBiz in connection therewith (collectively, the “Software”), solely in connection with the Services or the JoiBiz PBX (including all software, microcode embedded therein), as the case may be, and in strict accordance with applicable written and electronic documentation pertaining thereto, and with all provisions of JoiBiz’s license of said Software from its supplier/licensor.
JoiBiz (or its suppliers, as the case may be) shall retain all right, title and interest in and to all copyrights, patents, service marks, trademarks, trade names and other intellectual property rights embedded in or associated with the Software and nothing in this Agreement conveys or transfers any such rights whatsoever to Customer.
Treatment of Personal Information  By signing below, You represent that You have read and understood JoiBiz’s privacy policy set forth at www.JoiBiz.com/privacypolicy.html and that You agree to JoiBiz’s treatment and use of your personal information as set forth therein.
Force Majuere  If the performance of either party under this Agreement, or any obligation hereunder, is prevented, restricted or interfered with by reason of (i) weather or environmental disturbances (including earthquakes, floods, fires, storms, and other disturbances) or acts of God; (ii) war, revolution, civil commotion, acts of public enemies, terrorism or national emergency, blockage or embargo; (iii) acts of any domestic federal, state, or local governmental authority or any foreign governmental authority (such acts including any regulatory or administrative decisions making said performance or obligation economically or technically unfeasible); (iv) labor difficulties, including without limitation, strikes, slowdowns, picketing or boycotts; (v) failure of any third party (including any other carrier or supplier or Customer’s broadband access supplier) to provide services, facilities or equipment required for such performance or obligation (or any other act or omission by said third party); or (vi) any other circumstances beyond the reasonable control of the party affected (said events described in clauses (i) through (vi) foregoing collectively referred to as “Force Majeure Events”, the party whose performance is affected by said Force Majeure Event, upon giving prompt notice to the other party, shall be excused from such performance (excluding, however, Customer’s payment obligations to JoiBiz for any Service or other performance not directly affected by the Force Majeure Event)).
Entirety of Agreement  This Agreement sets forth the entire agreement between the parties with respect to the subject matter hereof and thereof, and supersedes any and all prior or contemporaneous written or verbal proposals, agreements, understandings or other discussions respecting same.
No Waiver  A failure by JoiBiz to enforce any provision of this Agreement is not to be deemed a waiver of any provision hereof and any such waiver must be in writing.  Nor will a waiver of any provision by JoiBiz at any time be deemed a waiver of its subsequent right to enforce such provision or a waiver of any other provision of this Agreement.

Service Distinctions You acknowledge and understand that the Service is not a traditional  telephone service. Important distinctions exist between traditional telephone service and the  Service offering provided by JoiBiz. Some, but not all, of these distinctions are described in this Agreement. The Service is subject to different regulatory treatment than traditional  telephone service. This treatment may limit or otherwise affect your rights of redress before Federal and State telecommunications regulatory agencies or judicial forums.
Governing Law  The Agreement and the relationship between You and Us are governed by the laws of the State of Florida without regard to its conflict of law provisions.  To the extent court action is initiated to enforce an arbitration award or for any other reason, You shall submit to the personal and exclusive jurisdiction of the courts located within the State of Florida and waive any objection as to venue or inconvenient forum.
Mandatory Arbitration and No Jury Trial   Any dispute or Claim between You, any member of your household or any guest or employee, and Us arising out of or relating to the Service or Equipment, will be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.  The arbitration will take place in Atlanta, Georgia.  The arbitrator’s decision will follow the plain meaning of the relevant documents, and will be final and binding.  Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages.  Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.  All Claims shall be arbitrated individually.  You shall not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated Claims in arbitration.  This arbitration provision constitutes a waiver of any right to a jury trial and an agreement to be subject to jurisdiction in, and conduct arbitral proceedings in, Florida.
No Joint Venture or Third Party Beneficiary  Nothing in this Agreement shall be construed as creating a joint venture or partnership between the parties.  Other than as set forth in this Agreement, neither party has or shall have any authority to bind, assume any obligation for, nor incur any debt on behalf of, the other party.  This Agreement does not (and is not to be construed to) create a beneficial interest for or create any rights enforceable by any person (including any User) not a party hereto.
Severability  Should any provision of this Agreement be held or otherwise determined by any Regulatory Authority to be invalid, unlawful, or unenforceable in any jurisdiction, that provisions to be deemed separate, distinct and independent, and is to be deemed severed and ineffective to the extent of such holding or determination without (i) invalidating the remaining provisions of this Agreement in that jurisdiction or (ii) affecting the legality, validity or enforceability of such severed provision in any other jurisdiction.
No Assignment  Customer may not assign its rights or delegate its obligations under this Agreement to any other person without JoiBiz’s written consent, which may be withheld in Our sole discretion.  This Agreement will inure to the benefit of the parties’ respective successors in interest, personal representatives, and permitted assigns.
Interpretation and Survival  The parties agree and acknowledge that they have had an opportunity to review the Agreement with their respective legal counsel and, accordingly, its provisions are not to be construed against the party having drafted same.  Any provision of this Agreement (including Customer’s payment obligations) that by its terms or any reasonable interpretation thereof will survive the expiration of this Agreement for the period specified (or if none specified) for the applicable statute of limitations.
Use of Terms  The words “writing” or “written” mean preserved or presented in retrievable or reproducible written or electronic form.  Except as provided in this Agreement, “writing” or “written” may mean electronic (including E-mail (but not voice mail) transmissions where receipt is acknowledged by return E-mail by the recipient) or hard copy, including by facsimile (with acknowledgment of receipt from the recipient’s facsimile machine) unless otherwise stated.

Publicity and Marks   No public statements or announcements relating to this Agreement may be made by either party without the prior written consent of the other party.  Each party agrees not to display or use, in advertising or otherwise, any of the other party’s trade names, logos, trademarks, service marks or similar identification without the other’s prior written consent, which consent may be withheld or revoked at any time.
Further Assurances  From and after the date of this Agreement, Customer shall (or shall cause any of its Users to), from time to time, at the request of JoiBiz and without further consideration, do, execute and deliver, cause to be done, executed and delivered, all such further acts, things, documents and instruments (such acts including, any filings required by any Regulatory Authority) as may be reasonably requested or required by JoiBiz (at JoiBiz’s sole expense) to evidence and to give full force and effect to this Agreement.
Future Changes to this Agreement  We may change the terms and conditions of this Agreement from time to time.  Notices will be considered given and effective on the date posted on Our Website at www.JoiBiz.com.  Such changes will be binding upon You unless We hear from You within fifteen (15) calendar days from the date they are posted to Our Website.  If We do not hear from You within that period, the changes will be deemed conclusively accepted.  In the event You do not wish to be bound by the change, your sole remedy would be to terminate the Agreement without liability in accordance with the provisions hereof (including payment of any charges due through the date of termination).  The Agreement as and when posted supersedes all previously agreed to electronic and written terms of Service, including without limitation, any terms included with the packaging of the Equipment.