Terms and Conditions

PLEASE READ THESE WEBSITE TERMS AND CONDITIONS (TERMS) CAREFULLY PRIOR TO USING THIS WEBSITE, TELI.NET (THE SITE) AND THE TELI CUSTOMER PORTAL, CONTROL.TELI.NET (THE PORTAL). THESE SITES ARE ONLY AVAILABLE FOR USE ONLY ON THE CONDITION THAT YOU AGREE COMPLETELY TO THESE TERMS. BY ACCESSING OR USING THE SITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT ACCESS OR USE THE SITE

This site is owned and operated by teli communications, llc d/b/a teli, (“We,” “us,” “our,” “Provider,” or “teli”). teli provides its services to you (“Customer,” “you,” or “end user”) subject to the following conditions. If you visit or shop at our website, customer portal, or any other affiliated websites, you affirmatively accept the following conditions, as modified and updated, retroactively to the beginning of the establishment of your account with us, or from whenever you first began to use our services, whichever date is the earliest. Continued use of the site constitutes the affirmative agreement to these amended or revised terms and conditions. teli reserves the right to change the terms, conditions, (without notice), under which our websites, customer portal, and services are offered; including, but not limited to, the charges associated with the use of any of our services.

1. Electronic Communications

1.1. When you visit any teli website(s), Customer portal, software application, messaging client, online chat or send email to us, you are communicating with us electronically.

1.2. You consent to receive communications from us electronically. You agree that teli may at times communicate for various reasons, including marketing messages by email, chat or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that teli provide to you electronicallysatisfy any legal requirement that such communications be in writing.

2. Copyright of Intellectual Property

All content on this site, such as text, graphics, logos, button icons, images, data compilations and software, is the property of teli and is protected by international copyright laws. All content on this and related sites and all software used on this site or by way of user portals or APIs is our exclusive property and is protected by international copyright laws.

The teli logo and tagline "Get Connected. Stay Connected." are registration pending with the United States Patent and Trademark Office.

3. Warranties & SLA

ALL PRODUCTS AND SERVICES ARE SOLD “AS IS.” teli MAKES NO WARRANTIES OF ANY KIND, WRITTEN OR IMPLIED, FOR ITS PRODUCTS OR SERVICES. teli DOES NOT OFFER AN SLA FOR SERVICE UPTIME.

4. Conditions of Use

4.1. teli as Provider shall not be held liable for any delay or failure to provide service(s) at any time. In no event shall teli, its officers, Directors, Employees, Shareholders, Affiliates, Agents or Providers who furnishes services to Customer in connection with this agreement or the service be liable for any direct, incident, indirect, special, punitive, exemplary or consequential damages, including but not limited to loss of data, loss of revenue, profits or anticipated profits, or damages arising out of or in connection to the use or inability to use the service. The limitations set forth herein apply to the claim founded in Breach of Contract, Breach of Warranty, Product Liability, Tort and any and all other liability and apply whether or not teli was informed of the possibility of any particular type of damage. teli communications, llc d/b/a teli, et al, is not responsible for any business contracts, debts or payables by teli communications, llc and is not a successor-in-interest to teli communications, llc nor to the business activities of teli communications, llc.

4.2. teli provides prepaid services only. You must keep a positive balance to retain services with us. You must pay all negative balances immediately. Customer agrees maintain a positive balance in their account at all times and agrees to pay the rates charged for services utilized. Customer agrees to pay any and all charges that Customer incurs while using our service.

4.2a teli reserves the right to require a minimum security deposit towards future usage.

4.3. teli services are not intended for use as a primary or sole telephone service for business or residential users due to e911 limitations with VoIP.

4.4. By default, all teli accounts are limited to 12 simultaneous inbound and outbound calls (aka channels). Customer can request additional channel capacity through the sales and/or sales departments (subject to traffic review).

4.5. teli does not allow calls originating from payphones to Toll Free numbers on our network, and any such calls will incur a $1.50 per-call surcharge.

4.6. Any call placed to Directory Assistance (411, 1-XXX-555-1212) including Toll Free numbers (1-800-555-1212) will incur a $0.99 per-call charge. teli uses a third-party provider for 411 Directory Assistance and is not liable for deficiencies in the accuracy of the service. No refunds are provided for 411 calls.

4.7. Customer’s will incur a port-out fee of $4.00 for any ‘standard’ DID number(s) leaving our network, whether the port-out was initiated by you as our Customer, your Customer or others. Prior to porting out a number, it is your responsibility to check with us regarding port-out fees. Non-standard numbers which are difficult to obtain will incur higher port-out fees. Examples of, but not limited to such numbers are: Area Codes 215, 305, 416 and prison calling areas will incur a $20 port-out fee; New York Area Code 212 numbers incur a $500 port-out fee. Toll Free 8-0-0 (“800” numbers) incur a port out fee of $200. You agree that any attempt to port-out numbers from us or our network, successful or not, or whether initiated by you as our Customer, or not, will incur the indicated port-out fees per above and must be paid to us. Notwithstanding any regulation that may exist, as a condition of doing business with us, you also agree that Teli are allowing you to use those non-standard numbers which belong to teli, and teli may reject, contest, refuse, delay orsnap-back a port-out request for any DID unless the relevant port-out fees are paid in advance of the port.

4.8. There is a return fee of $1 per number for any DID ordered or used by you or put into your account and returned to us within six (6) months of purchase.

4.9. All domestic (USA & Canada) calls placed through our network are billed at 6/6 increments. Calls to international destinations are billed at 6/30 second increments unless otherwise stated; Mexico and Gambia, are billed at 60/60 second increments.

4.10. Customer agrees to the exclusive jurisdiction of the courts of Denver County in the state of Colorado in the United States of America for any and all legal matters.

4.11. Violation of any state or federal laws or laws, or any illegal activity in any jurisdiction, in our determination, may result in immediate termination of your account and/or disconnection of the offending number, route or service. You agree to be responsible for and fund as needed any reasonable legal fees necessary to defend us against any legal action brought against us due to your use of our services.

teli reserves the right to charge a $100 fee for each fraud compliant received that is deemed to be associated with the customer’s account; this also includes fraud complaints on sub-accounts that are associated with master reseller accounts.

4.12. teli also reserve the right to terminate service at any time with or without notice for any reason or for no reason and/or if Customer is found to be in violation of these Terms Conditions. You agree that teli will not be liable to you or to any third party for any modification, suspension or discontinuance of service.

4.13. Due to the nature of the telecom industry and high credit card fraud rate, teli reserves the right to request documentation for verification purposes, such as a copy of the credit card used to establish the account, a credit card or utility bill, a valid photo identification such as a passport, driver license and/or other governmentissued identification.

4.14. Traffic carried by the Service(s) must be IP originated. Customer acknowledgesand agrees that the Service(s) may not be compatible with all communication equipment. In addition, different regulatory treatment may be applied to the Service(s) than is applied to other telecommunications services, which may affect Customers rights before regulatory agencies and other governmental bodies. The Service does not function in the event of power failure. Should there be a power interruption in the power supply, the Service will not function until power is restored. A power failure or disruption may require that Equipment be reset or reconfigured prior to utilizing the Service. Power disruptions or failures will also prevent dialing to emergency service numbers including any 911 calling feature that may be activated in or accessed by the Service. Provider does not support 0+ calling (including without limitation collect or third-party billing), 900 and 976 calls, and 10-10 & “dial-around” calls. The Service(s) may not support 311, 411, 511 and/or other x11 services in some or all Service areas. Customer understands and acknowledges that access to the functionality is not part of the Service(s).

4.15. Any account that is closed (due to non-payment or at the Customer’s request) has sixty (60) days from the suspension/cancellation date to port-out any local, international, Toll Free, or vFax numbers. Any remaining numbers (or other Services like CNAM, e911, etc.) on the Customer account after the sixty (60) days will be considered abandoned and deleted.

4.16. It is the Customers responsibility to remove/delete any number (local, Toll Free, international, fax) that has been ported away to another provider or that is no longer in use. Failure to remove numbers from your account under these circumstances will result in continued monthly billing for those Services.

4.17. At teli’s sole discretion, we my charge an LNP resubmit fee for any number(s) that have been submitted for porting and rejected due to incorrect information suchas address, contact, main billing number, etc. A fee may also be charged for cancellation or change to and existing number port request that has been successfully processed with a FOC (Final Order Completion) date.

4.18. If Customer mistakenly ports out a DID there may be a fee (up to $150 per number) to retrieve or “snapback” the number from the winning carrier.

4.19. teli does not get notified by the underlying carriers (CLECs) when a number is ported away from our network.

4.20. It is the sole responsibility of the Customer to secure access to Customer’s SIP endpoints (VoIP phones, ATA’s, PBX’s, soft-switches, soft-phones, etc.). Customer will be responsible for all traffic received from any SIP end point or sub account registered on Customer’s account.

4.21. Any Customer-requested support ticket that does not receive a response from the Customer within 48 hours of the last teli agent’s response will automatically be closed. Customer can re-open ticket from within the Customer portal.

4.22. Short Duration Call Penalty. If Customer sends termination traffic to a non-dialer rate deck, any traffic with a call duration of six seconds or less, a Short Duration Call Penalty of $0.005 per-call (not per-minute) will be assessed. The Customer will be charged and must immediately pay this Penalty.

4.23. Message Delivery Receipt (DLR). Teli provides a positive DLR for message traffic that gets successfully delivered to the messaging gateway providers (referred to as the DCA under 10DLC Campaign Registry processes). Teli does not guarantee a handset DLR to the mobile carriers (MNO’s) as they do not guarantee proof of delivery.

5. Product Configuration

5.1. Our services are not intended for the inexperienced user. teli do not offer technical assistance for third party devices including PBX servers or switches, IP phones and ATA adapters. teli may offer a paid support solution which will be charged separately upon your acceptance of our offer to provide such service.

5.2. teli may in some cases, as a courtesy, provide sample configuration for Asteriskor Freeswitch servers, and standard SIP settings for use with IP Phones/softphones or devices. The sample configuration provided will not assist with internal routing, extension logic or calling plans. It is the end users responsibility to properly configure their servers and or devices for use with our services.

6. Refund Policy

teli will offer refunds on remaining pre-paid balances upon request for all payments made within 60 days. teli do not offer refunds for monthly subscriptions such as DIDs, e911 registrations, or Toll Free numbers. There will be no refunds for one-time/setup fees or one-time processing fees for custom Toll Free numbers and number portability (LNP).

7. Charge Dispute(s)

If Customer in good faith disputes any charges, Customer shall submit to teli within ten (10) days following receipt of such disputed charges, the written documentation identifying the disputed charged amounts. The Parties shall investigate the disputed charges and upon mutual agreement, teli shall issue a credit against future charges.Failure to dispute a charge within ten (10) days of the posting of that charge will create an irrefutable presumption of the correctness of the charge, absent manifest error.

8. CPNI Policy

8.1 You have the right under Federal Law and we have a duty to protect the confidentiality of your Customer Proprietary Network Information “CPNI”, which includes information about the telecommunications Services you use including: (1) the quantity; (2) type and location; (3) technical configuration; (4) and other subscriber information found on your bill. To further protect your information, we implement safeguards and contact authentication procedures in protecting your CPNI. We generally rely on contacting the pre-established primary account holder asthe standard authentication measure. Only authorized users that are listed on the account can communicate with teli representatives and receive information regarding the account.

8.2 teli reserves the right to implement and require Two Factor Authentication (2FA) on Customer accounts via SMS text message to the primary account holder’s mobilenumber.

9. Site Policies, Modification, & Severability

teli reserves the right to make changes to our site(s), customer portal, policies, and these Terms & Conditions at any time without notification. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. It is your responsibility to maintain awareness of these Terms & Conditions.

10. General Complaints

Please send reports of activity in violation of these Terms & Conditions to [email protected] so that teli can investigate incidents violations. teli as the Provider may involve and will cooperate with law enforcement officials as required and/or if any criminal activity issuspected. Violations may involve criminal and civil liability.

11. Compliance and Non-Disparagement

You agree to use the Site in strict compliance with all applicable laws, rulings and regulations and in a manner that does not, in our sole judgment, negatively reflect on our goodwill or reputation. You further agree that you shall take no actions which would cause our company to be in violation of any laws, rulings or regulations applicable to us. You agree that you will not - before, during or after the use of our services say or cause to be said, write or cause to be written, publish in any way manner or form or cause to be published, any negative or disparaging comments, pictures, postings, blog entries, posting of any online comments or forum or similar online venues, which are negative to us; and, if so doing, in any case, agree to pay $2,000 per such infraction. You agree not to take or allow any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site. You agree not to use the Site in any manner that might interfere with the rights of third parties.

12. Submissions or Contributions

Any comments, suggestions or other information you send to us is provided without restriction or obligation and (a) will not be considered confidential or proprietary, (b)teli and its affiliates are under no obligation to keep such information confidential, and (c) teli will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such submission in any manner it chooses.

13. License and Ownership

The Site is the sole property of teli communications. Any and all rights, including, without limitation, intellectual property rights, associated with the Site, including, without limitation, rights to its content, code, and applications, are the sole propertyof teli, its affiliates or third parties. The Site is protected by trademark, copyright, other intellectual property and other laws in both the United States and other countries. Except as otherwise expressly authorized by these Terms, by applicable law, or by a separate agreement governing the services provided to you by us you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute any portion of the Site in any way without our or the appropriate third party’s prior written permission. Except to the extent allowed by applicable law, you agree that you shall not reverse-engineer or attempt to reverse-engineer any portion of the Site. Except as expressly provided herein, teli do not grant to you any express or implied rights to the Site or to our or any third party’S intellectual property. teli grants you a limited, personal, non-exclusive, non-transferable, non-sub licensable, revocable license to access and use the Site only in the manner presented by us, and only for the purposes intended by us. Except for this limited license, teli do not convey any interest in or to the Site or any other of our property by permitting you to access or use the Site.

14. Content and Liability Disclaimer

teli as Provider uses reasonable efforts to include accurate, complete and current information on this Site. However, teli do not warrant that the content herein is accurate, complete, current, or free of technical or typographical errors. It is your responsibility to verify any information before relying on it. Links on the Site to third-party websites, user portals, social media platforms are provided solely as a convenience to you. If you use these links, you will leave the Site and will be subjectto the Terms and Conditions and privacy policies applicable to those websites. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by us of the third party, the third-party websites, or the information contained therein. teli is not responsible for the availability of any such websites, and is not responsible or liable for any content thereon. It is up to you to take precautions to ensure that whatever website you select for your use is free of items such as viruses, malware, ransomware, worms, Trojan and other items of a destructive nature. THIS SITE IS PROVIDED ON AN “AS-IS” BASIS, AND USE OF THIS SITE IS AT YOUR OWN RISK. teli, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALLWARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDINGBUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FORA PARTICULAR PURPOSE, OR NON-INFRINGEMENT. teli MAKES NO REPRESENTATIONSOR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESSOF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE SITE. NO INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY US IN THESE TERMS OR IN A SEPARATE AGREEMENT BETTELIEN YOU AND US. teli, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE, SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL INDIRECT OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS SITE OR ON ANY OTHER HYPERLINKED TELIBSITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF, EVEN IF teli HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IF APPLICABLE LAW PROHIBITS OR RESTRICTS THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEN OUR LIABILITY IS LIMITED AND WARRANTIES ARE DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT LIABILITY SHALL, IN NO EVENT, EXCEED $100.00. STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS AND CONDITIONS ARE FAIR AND REASONABLE.

15. Emergency Service 911 Terms & Conditions and Definitions

E911 - Emergency call service typically used for delivering emergency calls WITH ADDRESS OR LOCATION INFORMATION to a public safety access point. (PSAP).

911 Service Terms & Conditions

Due to recent pursuant FCC rulings and regulations, all Customers who are using teliservices as their primary residential orbusiness telephone carrier must activate 911 Emergency Services on at least one of their DIDs. Enhanced 911, the portion of our 911 service which delivers physical address information to your local PSAP is not guaranteed. It is possible that your physical address information may not be passed to the PSAP dispatcher. On occasions such as this you will be required to give the dispatcher the location of your emergency in order to receive emergency service assistance. Enhanced 911 service is not available to every location within the United States at this time, and you may incur a $95 surcharge if you call from an uncovered location or call 911 from an unregistered teli number. For locations where E911 is not currently available, you will be required to announce the location of youremergency to the PSAP dispatcher so they can locate and dispatch the appropriate responders. Due to the nature and instability of VoIP networks, teli cannot and do not guaranteeyour emergency call will complete. Loss of power, Internet access and or several other conditions may cause 911 to be inoperable. teli has no control over those types of situations therefore are not held liable. Teli will take commercially reasonable actions to prevent service outages within its network. In order for E911 address information to be passed to the PSAP dispatcher, you must set your outbound Caller ID value to the specific DID for which you are purchasing E911. Therefore, by agreeing to these Terms & Conditions you, the Customer, agree to set the outbound Caller ID number to the DID for which you have enabled E911 services.Failure to set the correct Caller ID value will result in a non-refundable $95 surcharge per 911 call. At any time, you may test your outbound caller ID value by dialing ’933′ through our network. By using Enhanced 911 service, Customer agreesthat teli, it’s contractors, executives, members, Customers, agents, employees, carriers, 911 providers, and any anyone else associated with us is not held liable foremergency calls failing, even if it is determined that a failure is our fault or that of our related companies, associates or employees or contractors. Customer further agrees that they will notify their Customers, contractors, agents, employees, associates, shareholders, partners, and anyone who may use the our E911 service of our limitations and require Customers to agree to not hold teli liable. Customer will be charged a fee of up to $0.49 per month for each DID submitted to the E911 database. This fee is non-refundable. Failure to enable E911 service or calling from anon-covered area will result in a non-refundable $95 surcharge per 911 call.

16. Account Signup and Security

If you sign up for an account on the Site, you agree to provide, truthfully and accurately, all information requested by during the signup process. This information is required by to verify your identity, to establish your account, and to set up any services you may obtain. If teli, in its sole discretion, has any reason to doubt the accuracy or legitimacy of the information provided, or has any reason to doubt thatthe information provided is sufficient to verify your identity, teli may deny you an account, terminate or suspend your existing account, or terminate or suspend your access to or use of the Site. By signing up for an account on the Site, you authorize us to communicate with you by telephone, text, email or fax regarding your accountusing any of the personal information you provided. If you register for an account onthe Site, you are responsible for maintaining the confidentiality of your account login and password information, and for restricting access to your computer, or computers you use, to prevent unauthorized access to your account. You agree to accept all responsibility and liability for all activities that occur under your account.

17. USF, Taxes, Pass through Fees

Federal USF charges and other applicable taxes are not included in our published prices or rate sheets. USF charges range from 14.2% to 17.1%, and are re-set every three months by the FCC via USAC . Customers accept the responsibility of payment for all applicable taxes, whether or not such charges and taxes are correctly or fully charged at the time of service. As the Provider teli will charge USF and Sales and other taxes, and may include a separate Regulatory Recovery Fee to all products and services including DIDs, TF numbers, servers and inbound and outbound voice traffic as may be applicable or as teli decide, from time to time. To handle collection of taxes, teli calculate USF and other taxes after the fact on a daily, weekly, or monthly basis. Customers will see an extra entry for USF and other applicable taxes charged to and deducted from their account from time to time. If a Customer has their own FCC filer number (499a) for USF, the Customer may requestto be exempt from USF charges by completing the required tax exemption forms. In addition to USF and taxes. teli will also pass on to you, the Customer, any applicable carrier pass-through fees for the delivery of messages, calls, and/or faxeswith their designated jurisdictions.

For questions related to taxes or to obtain exemption forms, contact [email protected]

18. Other Provisions

In addition to the provisions set forth in these Terms & Conditions, you also agree that:

• You shall not disguise the origin of information transmitted through the Site.
• You will not place false or misleading information on the Site.
• You will not use or access any service, information, application or software available via the Site in a manner not expressly permitted by us.
• You will not input or upload to the Site any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system or the Site, that infringes the intellectual property rights of another, or otherwise impairs the ability of other users to access or use the Site.
• Certain areas of the Site are restricted to only our Customers.
• You may not use or access the Site in any way that, in our judgment, adversely affects the performance or function of the Site, or the services offered via the Site, or interferes with the ability of authorized parties to access or use the Site, or the services offered via the Site.