Disclosures & Policies

The necessary fine print details...

Taxes & Fees

This fee is used to recover contributions NuWave Communications is required to make to the federal Universal Service Fund, which provides support to promote access to telecommunications services at reasonable rates for those living in rural and high-cost areas, income-eligible consumers, rural health care facilities, and schools and libraries. NuWave Communications is permitted, but not required, to recover these costs from its customers. The Federal Communications Commission (FCC) sets the applicable USF rate on a quarterly basis and is subject to change.

This fee is used to recover NuWave Communications’s costs directly associated with providing 911 and E911 for DigitalLine customers. This is not a government-mandated charge. This fee applies to DigitalLine and VoIP customers only

The NuWave Communications Compliance and Administrative Cost Recovery Fee (“CRF”) is a fee that NuWave Communications charges in order to recover the various costs and expenses that it incurs in connection with:

  • Complying with legal, regulatory, and other requirements, including without limitation federal, state, and local reporting and filing
  • Requirements;responding to subpoenas, civil investigation demands, and other official requests, and otherwise assisting with official investigations;
  • Reporting and managing payments to third party telecommunications services providers;
  • And acquiring and protecting intellectual property, including without limitation through the filing and maintenance of patents, trademarks, and other proprietary rights.

The CRF is not a tax, nor is it mandated by any level of government or government agency.

This is a charge imposed by local governments to help pay for emergency services such as fire and rescue.

These taxes are imposed by state (US) or provincial (CAN), local, and municipal governments.

Policies

NuWave Communications permits you to fill out and sign certain forms using this website. This Federal E-Sign Disclosure and Consent describes NuWave Communications’s process so that you can decide whether you wish to continue with your request through our website. Please read this page carefully and print a copy of this page for your records.

Electronic Signature and Electronic Delivery of Disclosures and Notices

By clicking in the box marked “I agree” at the bottom of this page, you consent to use electronic communications, electronic records, and electronic signatures rather than paper documents for the forms provided on this web site. Those forms include

  • The Letter of Authorization permitting NuWave Communications to port your local or toll-free number;
  • All service and transaction updates regarding the status of the porting process for your local number;
  • Responses to communications from you;
  • Other documents relating to the porting process; and
  • All changes and updates to these disclosures, notices, and documents.

You understand that your electronic signature is legally binding, just as if you had signed a paper document. Your consent to use electronic signatures and documents applies only to materials related to your request for NuWave Communications to port your local or toll-free number.

Paper Signature and Paper Delivery of Disclosures and Notices

If you prefer to use paper signatures, you may instead print a copy of the Letter of Authorization on the next page, fill it out, and return it to us by mail or by facsimile. You understand that NuWave Communications will not begin to process your request until it receives the Letter of Authorization.

You have the right to receive a paper copy of the disclosures, notices, terms and conditions, and other communications described above. There is no cost to receive paper copies of any electronic records. If you wish to receive a paper copy, please send a request with your name, mailing address, daytime telephone number, and the document you wish to receive to one of the following:

  • Mail: NuWave Communications, Inc.Attn: Legal Department
    8275 S. Eastern Ave, Suite 200, Las Vegas, NV 89123
  • Phone: 888-368-9283
  • Email: legal@nuwave.com

System Requirements

In order to use electronic signatures and to receive electronic communications, you must have

  • a personal computer or other device that can connect to the Internet;
  • an e-mail address;
  • a web browser;
  • software that enables you to receive and view Portable Document Format (PDF)
    files, such as Adobe Acrobat Reader (available for a free download at http://get.adobe.com/reader/)

Withdrawal of Electronic Acceptance of Disclosures and Notices

You may withdraw your consent to receive electronic communications at any time. If you wish to do so, please notify us at the addresses above and provide your name, mailing address, daytime telephone number, and a description of the type of transaction from which you are withdrawing your consent.

NuWave Communications works with a third party carrier who, on our behalf, ports telephone numbers in accordance with applicable Regulatory Rules and Industry Guidelines. Our third-party carrier requires very specific and detailed information and requirements when completing a port request. Please be informed that you may be required to provide such detailed and specific information to complete a port request.

If you are porting your number in from another carrier, please follow the instructions for Inbound Number Porting. If you would like to port your NuWave Communications number out to another carrier, please follow the instructions for Outbound Number Porting.

Inbound Number Porting
  • YOU MUST KEEP YOUR PREVIOUS SERVICE ACTIVE IN ORDER TO PORT YOUR NUMBER TO NUWAVE COMMUNICATIONS.
  • Check to see if your number can be ported into NuWave Communications by entering your number into our online verification system.
  • NuWave Communications’s online verification system will immediately conduct a validity search to verify portability. A validity search will determine if your telephone number can be ported into NuWave Communications. Certain numbers are not supported by our regional calling network and/or certain providers will not port numbers, therefore, these numbers cannot be ported. If your number can be ported, you will receive a message on your computer screen that your number can be ported, and you will be immediately directed to fill out an online Letter of Authorization (“LOA”). If your number cannot be ported, NuWave Communications will notify you on screen that your number cannot be ported.
  • Upon verification of portability, NuWave Communications will notify you on-screen that your number can be ported. You must then submit an LOA to NuWave Communications, authorizing your previous service provider to port your number to NuWave Communications. You may submit an online LOA and submit your LOA in PDF format via email or fax to NuWave Communications’s porting department as detailed on the LOA. Please be advised that if you do not fill out the information on the LOA properly, your porting request will be rejected. Most providers accept digital signatures on the LOA to port numbers; however, some providers require a handwritten signature on the LOA to port your number. If your previous provider requires a handwritten signature on the LOA, NuWave Communications will notify you via email and request that you fax or email us a copy of your signed LOA.
  • Depending on the type of number you are trying to port in, NuWave Communications may notify you via email that you are required to fax or email to NuWave Communications a copy of your bill from your previous provider to verify your customer and account information. Toll Free numbers. For Toll Free number porting requests, you must fax or email (i) a copy of your LOA with a handwritten signature and (ii) a copy of a billing statement from your previous provider. Local and business numbers. For local and business number porting requests, you may be required to provide a copy of your billing statement and/or a copy of your LOA with a handwritten signature.
    If you would like to ensure that your port is processed as quickly and efficiently as possible, you may also upload, fax or email to NuWave Communications a copy of your CSR (customer service record). You may request a copy of your CSR from your previous provider. If you cannot obtain a CSR from your previous provider, you may request your previous provider to send a letter on company letterhead that lists your account number, billing telephone number, service location address and specific numbers you are porting.
    The following information must be listed on your bill, LOA or CSR to verify your customer and account information:
    Number(s) you are asking to port
    Your Name
    Address – both billing and service addresses
    *if your address is a P.O. Box, please provide NuWave Communications with an additional physical location address where the number resides
  • If there are additional numbers on your account with the losing provider other than the number to be ported, you must contact your previous provider’s porting department and tell them whether you intend to retire those numbers when canceling service.
  • NuWave Communications will then submit your LOA to your previous provider and wait for approval to port your number. You will be notified by NuWave Communications via email if your previous provider requires additional information and/or corrections to your LOA before NuWave Communications can port your number.
  • When NuWave Communications receives approval to port your number from your previous provider, we will begin porting your number.

Generally, inbound porting requests will be completed within ten (10) business days after NuWave Communications receives your LOA, provided that there are no issues with your LOA or otherwise. Please be advised that for small service providers, inbound porting requests can take up to thirty (30) business days to port. If you have not received response regarding your LOA within fourteen (14) business days or you have any questions regarding our Number Porting Policy, please follow the instructions to contact Customer Support at https://www.nuwave.com/contact-us/

Outbound Number Porting
  • YOU MUST KEEP YOUR NUWAVE COMMUNICATIONS SERVICE ACTIVE IN ORDER TO PORT YOUR NUMBER TO YOUR NEW PROVIDER. NuWave Communications cannot guarantee that your NuWave Communications number will be held for porting if you cancel your NuWave Communications service prior to receiving confirmation that your number has been successfully ported.
  • Request an LOA from your new provider.
  • Submit your LOA to your new provider.
  • Your new provider will notify NuWave Communications or our third party carrier of your number porting request and NuWave Communications will verify your account information. NuWave Communications requests that you pay all outstanding invoices and/or charges on your account before we port out your number. NuWave Communications will send an email notification to you of all such outstanding charges.
  • Upon verification of portability, NuWave Communications will notify your new provider that your NuWave Communications number may be ported.
  • You must notify NuWave Communications that your number has been successfully ported to ensure that your number is removed from our database.
  • You must notify and confirm cancellation of your NuWave Communications service. After you confirm that your NuWave Communications service has been canceled, NuWave Communications will no longer bill you for NuWave Communications services. YOU MAY CONTINUE TO BE BILLED IF YOU DO NOT CANCEL YOUR NUWAVE COMMUNICATIONS SERVICE AFTER YOUR NUMBER HAS BEEN PORTED.

Generally, Outbound porting requests will be completed within ten (10) business days after NuWave Communications receives your LOA from your new provider. If you have not received response regarding your port request within fourteen (14) business days or you have any questions regarding our Number Porting Policy, please follow the instructions to contact Customer Support at https://www.nuwave.com/contact-us/

NuWave Communications Provides Access to Emergency Calling Services. NuWave Communications provides access to emergency calling services, allowing most NuWave Communications Office Users to access Emergency Services (911 in the United States and Canada, 999/112 in the United Kingdom and throughout the European Union, 999/995/993 in Singapore, and any other applicable Emergency Services number). Your access may differ depending on your location or the device you are using, and it works differently than you may have experienced using traditional wireline or wireless telephones. It is strongly recommended that you have an alternative means for placing emergency calls available at all times.

NuWave Communications Office users using IP Desk Phones or Emergency Services-Enabled Softphones can dial emergency numbers directly from their IP Desk Phones or Emergency Services-Enabled Softphone. EMERGENCY CALLS CANNOT BE PLACED THROUGH SOFTPHONES THAT ARE NOT EMERGENCY SERVICES-ENABLED.

Emergency calls placed through the NuWave Communications Office Mobile Application on a smartphone are automatically routed to the native dialer on the smartphone, and the call will be handled by your wireless service provider if wireless service is available. If your wireless service is unavailable, the call cannot be placed. The NuWave Communications Mobile Application cannot place emergency calls over Wi-Fi access. Emergency dialing is not available through the NuWave Communications Office Mobile Application on tablets or other mobile devices without a native phone dialer and a wireless service plan.

How it Works. When a NuWave Communications Office user dials an emergency number on an IP Desk Phone or Emergency Services-Enabled Softphone, the NuWave Communications phone number and the Registered Address you have provided is sent to the local emergency responder serving your location. In most cases, emergency operators have access to this information; however, in some cases the emergency operator answering the call may not be able to see your NuWave Communications telephone number or your Registered Address. That might happen if there is a problem validating a Registered Address, if the Registered Address is an international location, or if the Registered Address is in an area that is not covered by the landline emergency dialing network. You should always be prepared to provide the emergency operator with your NuWave Communications telephone number and Registered Address in case the call is dropped or disconnected. If you are unable to speak, the emergency operator may not be able to send help to your location and/or call you back should the call be disconnected. NuWave Communications does not control whether or not the emergency operator receives your telephone number and Registered Address.

Service limitations. NuWave Communications emergency services dialing will not function in the event of an Internet or power outage, if you do not have cellular service (on the NuWave Communications Mobile Application), or if your broadband, ISP, or NuWave Communications Office service is terminated. The NuWave Communications Mobile Application cannot send emergency calls over Wi-Fi access. It is possible that network congestion may delay or prevent completion of an emergency call. NuWave Communications emergency service dialing may not be available in all countries.

Registering Your Location. You agree to register with NuWave Communications immediately upon activation the address of the physical location where you will use the NuWave Communications Office service, including each IP Desk Phone and each Emergency Services-Enabled Softphone. This is your Registered Address. You agree that you will accurately register each individual line through the Account Administrative Portal or the Customer Portal for the applicable End User. If you or your End Users move a registered device to a new location, you agree to immediately update the Registered Address with the new physical location of the device with NuWave Communications through the Administrative Portal or in your account settings. You also may update the Registered Address at any time through https://www.nuwave.com/contact-us/. You acknowledge that if you do not update the Registered Address, any emergency calls made from the device may be sent to the wrong emergency response center and will not transmit your current location information to emergency responders, delaying emergency assistance to you. The address update may not take effect immediately. Customers with more than one line or extension are solely responsible for ensuring that an accurate and up-to-date Registered Address is maintained for each IP Desk Phone and each Emergency Services-Enabled Softphone, and that their End Users are aware of how the Registered Address can be changed.

Notification of Employees, Guests, or Other Users. You agree to notify any employees, contractors, guests, or persons who may place calls using the Office Services or may be present at the physical location where the Office Services may be used, of the limitations of NuWave Communications emergency service dialing from Your NuWave Communications Office IP phone, Softphone, or other equipment. You agree to affix a NuWave Communications-provided sticker warning that emergency dialing service may be limited or unavailable in a readily visible place on each piece of equipment that might be used to access or use the Office Services. You and Your End Users should always have an alternative means for placing emergency dialing calls and/or sending text messages to emergency numbers.

Disclaimer of Liability for Emergency Call Response. You acknowledge and agree that your use, and use by your employees and/or guests or other third parties, of NuWave Communications’s emergency services dialing are subject to the limitations described herein. The availability of certain features, such as transmission of a Registered Address or your NuWave Communications telephone number, depends on whether local emergency response centers support those features, and are factors outside of the NuWave Communications Parties’ control. NuWave Communications relies on third parties to assist us in routing emergency calls and text messages (where available) to local emergency response centers. NuWave Communications does not have control over local emergency response centers, emergency responders, or other third parties. Accordingly, to the extent permitted by applicable Law, you hereby release, discharge, and hold harmless the NuWave Communications Parties from and against any and all liability relating to or arising from any acts or omissions of such third parties or other third parties involved in the handling of or response to any emergency call. You agree to indemnify and hold harmless the NuWave Communications Parties, and any third-party provider(s) from any and all third party claims, losses, damages, fines, or penalties arising out of (a) your provision to NuWave Communications of incorrect information, including physical addresses, or your failure to update your Registered Address; (b) your failure to properly notify any person who may place calls using the Office Services of the emergency calling limitations; or (c) the absence, failure, or outage of emergency service dialing using the Office Services for any reason; and (d) the inability of any user of the Office Services to be able to dial emergency services or access emergency service personnel for any reason.

This document describes procedures law enforcement authorities and individuals involved in civil litigation should follow to request data from NuWave Communications, Inc. and its corporate affiliates (“NuWave Communications”).
These guidelines are provided for informational purposes only and do not represent a commitment by NuWave Communications to provide information. NuWave Communications also reserves its rights to require reasonable reimbursement in connection with its responses to data requests. NuWave Communications may revise these guidelines and the underlying processes at any time without notice. Contact NuWave Communications at support@nuwave.com to request the latest version of these guidelines.
NuWave Communications reserves the right to respond or object to any request for data in any manner consistent with applicable law.

 

Private litigants are strongly encouraged to seek any and all Data directly from the NuWave Communications Customer or End User, who can use automated account tools to download the relevant Data from their NuWave Communications Admin Portal.

For your convenience you may download a copy of these NuWave Communications Data Request Guidelines here.
I. NuWave Communications’s Commitment to its Account Holders
In order to maintain the privacy and trust of our Customers, we strive to ensure that our policies and practices provide clarity, when it comes to their personal information. In keeping with this commitment to our Customers, we respond to requests for customer data in accordance with our Terms of Service and our Privacy Notice. NuWave Communications may not respond to requests for information that violate established legal processes.
II. Data Requests
NuWave Communications only considers the following types of requests pursuant to formal legal processes. For Customers or End Users requesting copies of their own data please refer to the NuWave Communications Individual’s Rights and Complaints Handling Procedure.

A. Data Requests:
A Data Request is a request for information relating to a NuWave Communications customer account in connection with an official criminal or administrative investigation or proceeding, or a filed civil legal action.
Customers or End Users who need copies of their own data should download that data through their Admin Portals, rather than submitting Data Requests to NuWave Communications. Customers or End Users needing support in navigating their Admin Portals should contact NuWave Customer Care Center (https://www.nuwave.com). NuWave Communications will comply with a Data Request sent from a Customer or End User only where required by law and after a showing that such data cannot be obtained through the Admin Portal (and NuWave Communications may require reimbursement as set forth in Section XI).
Except in very limited exigent or emergency situations (see sub-section C below), NuWave Communications generally will not respond to Data Requests unless they are made through formal legal processes and procedures. Examples of legal processes that may serve as the basis for a Data Request include the following:

  • Subpoenas
  • Court Orders
  • Search Warrants
  • Civil Investigative Demands

B. Preservation Requests:
A Preservation Request asks NuWave Communications to preserve customer account data in connection with an official criminal or administrative investigation or proceeding. Preservation Requests must include all of the information outlined in Section V (Information to Include in Data Requests) below.
In response to a Preservation Request, NuWave Communications will generally agree to preserve a one-time snapshot of the then-existing account data that the Preservation Request specifies for ninety (90) days, pending service of formal legal process and provided the requestor agrees to the fees schedule set forth herein.
On the ninety-first (91st) day the preserved data may be deleted unless the requestor has provided a formal Data Request in the interim. Any production of preserved data will be subject to the timelines and fees outlined in these guidelines, which may include an additional fee for any such preservation.
A Preservation Request will not result in NuWave Communications recovering customer data that has already been deleted. NuWave Communications is not able to recover customer data once it has been deleted.

C. Emergency Requests:
Emergency requests for customer Data will not be considered unless they are made using the Emergency Data Request Form (see attached) or are made in connection with a Court Order. Emergency Requests (if made without a Court Order) are only appropriate in cases involving the risk of serious bodily harm or death, and (absent a Court Order) NuWave Communications responds to such Requests only when NuWave Communications believes that such harm may be imminent if we do not respond.

III. Service of Process for Data Requests
NuWave Communications will review and respond to properly served request for data as required by law and in accordance with its Terms of Use and Privacy Notice.
NuWave Communications may object to requests for data for any reason and will object if they are deemed by NuWave Communications to have been improperly served, are overly broad or vague, or unduly burdensome.

D. Service of Process by Law Enforcement:
As a courtesy to law enforcement, NuWave Communications accepts service of subpoenas, warrants, court orders, and governmental civil investigative demands or related legal process which do not require the oral testimony or personal appearance of a NuWave Communications representative, via email at support@nuwave.com, with a copy by any means authorized under the Federal Rules of Civil Procedure or California State Law on NuWave Communications’s business address 8275 S. Eastern Ave, Suite 200, Las Vegas, NV 89123. Acceptance of service of process by email is strictly voluntary and may change at any time and without notice.
NuWave Communications does not consent to service by fax or email for subpoenas, warrants, court orders, and civil investigative demands or related legal process seeking oral testimony or the personal appearance of a NuWave Communications representative. NuWave Communications requests personal service on NuWave Communications’s registered agent for service of process of legal process seeking oral testimony or the personal appearance of a NuWave Communications representative.
E. Service of Process in Civil Matters
All service of process in civil matters should be localized through the California state or federal courts, as applicable, and conform to the laws of the State of California.

IV. Additional Restrictions and Terms:
To the extent permitted by law, NuWave Communications reserves the right to require payment in advance of any production related to a Data Request; to withhold delivery of information until payment is received; and to seek enforcement of charges, including the cost of collection, through collections agencies, and any other means necessary and available under applicable law.

V. Information to Include in Data Requests
NuWave Communications’s databases are not designed to enable any kind of search a requestor might desire. In addition, certain features of NuWave Communications’s business make many common search requests virtually worthless. For example, NuWave Communications allows its customers to add or drop telephone numbers from their accounts through their Admin Portal at any time and as often as they like. As a result, a given telephone number may be assigned to many different users over a comparatively short period of time. Thus a request for information relating to a given telephone number is (unless targeted to a very short period of time) highly likely to relate to more than just the user(s) who are relevant to the Data Request and impinge on the privacy rights of those users. For these reasons, NuWave Communications cannot reasonably consider a Data Request unless it includes at least the following information:

  • Telephone Number or User Identification Number (“UID”)
  • A specific date or a narrowly tailored date range (generally up to 2 months).
  • Any other potentially identifying information (for example a customer’s name, physical address, email address) in the possession of the Requestor.
    • Please note that NuWave Communications customers register through an online portal and their names, addresses and other contact information are not verified or regulated by NuWave Communications in any way. As a result, (a) in some cases the identifying information provided by a requestor may not be used in a search and (b) searching by user name may be unreasonably overbroad so RC may require the requestor to provide narrower criteria (E.g., NuWave Communications has thousands of accounts with first name: “Customer” and last name “Service”).

F. Law Enforcement Data Requests
To enable NuWave Communications to verify that a data request is from an official law enforcement agency or authority, NuWave Communications requires that each law enforcement request include at least the following information:

  • Requesting Agency’s Name
  • Requesting Agent’s Name
  • Requesting Agent’s Badge/Identification Number
  • Requesting Agent’s Employer-Issued E-mail Address (NuWave Communications will not respond to an individual’s private email address or any e-mail address in a domain unassociated with the Requesting Agency)
  • Requesting Agent’s Telephone Number (including extension)
  • Requesting Agent’s Mailing Address (P.O. boxes will not be accepted)
  • Requested Response Date (please allow at least 2 weeks for processing)

 

G. Civil Data Requests
The following contact information is required for the requesting party and its counsel of record:

  • Requesting Party’s Name
  • Counsel Name and applicable State Bar Number
  • Local Counsel Name and California State Bar Number
  • Telephone Number
  • E-mail Address
  • Mailing Address (P.O. boxes will not be accepted)
  • Requested Response Date (please allow at least 4 weeks for processing)

Private litigants are strongly encouraged to seek Data directly from the NuWave Communications Customer or End User, who can use automated account tools to download the relevant Data from their NuWave Communications Admin Portal.

H. Time for Response
Requests are generally handled in the order received, subject to other pending expedited requests, with law enforcement requests given priority.
Expedited responses for data, if available resources permit, will be provided on a case-by-case basis and are subject to a fee for expediting the response, where permitted by law.
Response times will be commensurate with the size and complexity of the request; generally a response may be expected within thirty (30) days.

I. Responsive Information
Responsive information is generally returned via e-mail in the form of a compressed, password protected file; however, if the volume of returned data is larger than a few megabytes, we may place the compressed, password protected file for download via a secured NuWave Communications Box account or FTP server.

VI. Types of Information Available in Response to Data Requests

J. Information NuWave Communications Can Provide
Depending on the type of legal process validly issued and served upon NuWave Communications, we may be able to respond with one or more of the types of data set forth in this Section.
It is important that NuWave Communications protect its customer information not only as indicated in our Terms of Service and Privacy Notice but also in accordance with state, federal, and international data protection and communications laws. Disclosure of some types of Data is more highly restricted by law and may only be disclosed in response to certain types of entities or with specific types of legal process.
Governmental Requests: in response to a Data Request from a government entity, which is validly served and supported by sufficient legal process, NuWave Communications may provide Basic Subscriber Information, Billing History Information, Additional Number or Extensions, Call Log Data, Fax Log Data, SMS Log Data, Comment Log Data, and Content of Communications. These types of information are described in more detail below.
Civil Requests: in response to a Data Request from a private litigant, which is validly served and supported by sufficient legal process, NuWave Communications typically may provide Basic Subscriber Information, Billing History Information, Additional Number or Extensions and Comment Log Data (not Call/Fax Logs, SMS Message Records, or Media) provided that the request is properly limited in scope.
Private litigants: are strongly encouraged to seek Call Logs, Fax Logs, SMS Logs, or the Content of Communications directly from the NuWave Communications Customer or End User, who can use automated account tools to download the relevant Data from their NuWave Communications Admin Portal.
Each of these classes of information is described further below. Keep in mind that while NuWave Communications is often able to provide the sorts of data above, it cannot guarantee that this will be the case for your data request. Each customer’s circumstances are unique; information that is readily accessible or useful in some cases may not be in others.
The production of Call Logs, Fax Logs, and SMS Logs is frequently unduly onerous, and NuWave Communications may object to the production of these records to private litigants. Additionally, NuWave Communications is typically prohibited from producing the Content of Communications to private litigants.
The Fees associated with the production of each of these categories of records is outlined in Section XI (Cost Reimbursement).

K. Basic Subscriber Information
A report which shows basic subscriber information including, to the extent NuWave Communications’s customer completed the fields upon registration, the following information:

  • Customer’s First and Last Name
  • Contact Telephone Number
  • Company Name, if applicable
  • Physical or Mailing Address (Street, City, State, and Zip Code)
  • Email Address(es)
  • Date of Account Signup and Next Billing or Deactivation Date

L. Billing History Information
A report which gives very basic information in the form of line items transactions:

  • Date of Transaction
  • Transaction Reference Number
  • Amount of Transaction
  • Payment Method (including the last 4 digits of a credit card1 or Indication of Invoice Billing)
  • State of Transaction (Success or Failure)

M. Additional Numbers or Extensions
A list of all other phone numbers associated with the same account. This report shows the number and the date it was added to the customer’s account; it also shows the underlying provider of the number (for example, Level3 or Bandwidth).

N. Comment Logs
A “comment log” report lists of activities that are associated with an account and are logged by NuWave Communications employees. Each logged activity has a date/time stamp and a brief description of the activity performed. Note that there is substantial variation in the quality and content of comment logs.

O. Call/Fax Log Records
A document in substantially the same format as traditional call detail records, although there are slight differences because NuWave Communications’s systems are cloud-based. NuWave Communications delivers Call and Fax Log Records in the form of a comma-separated value (CSV) file.

P. SMS Log Records
A report that includes substantially the same information as Call/Fax Log Reports. NuWave Communications delivers SMS Message Logs in the form of a CSV file.

Q. Content of Communications
Depending on the scope of the request), NuWave Communications may be able to provide various communications content (listed below):

  • Faxes
  • Incoming Voice Messages
  • Content of SMS Messages
  • Call Recordings
  • Glip data

NuWave Communications delivers the Content of Communications in multiple formats as follows:

  • Faxes will be delivered as PDF formatted files
  • Incoming Voice Messages and Call Recordings will be delivered as either MP3 or WAV format files, depending on how our customer has their account setup
  • Content of SMS Messages will be delivered in a CSV file
  • Glip Data will be delivered in JavaScript Object Notation (JSON) format

 

VII. NuWave Communications’s Data Retention Periods
NuWave Communications takes reasonable and appropriate steps to guard against inadvertent or malicious deletion or destruction of data in its systems. NuWave Communications provides information about its data retention policies for general informational purposes only, and does not commit to retaining all information as described below. For more information please refer to NuWave Communications Records Retention Policy.
NuWave Communications’s retains information related to our customers’ accounts in accordance with the following data retention schedules and subject to the automated deletion cycles listed below. NuWave Communications normally deletes or de-identifies all data from a customer’s account within 30-45 days of account closure. In addition, customers have the ability to delete numerous types of data for their accounts, such as voicemails and faxes. The following retention periods generally assume the customer has not deleted the data from its account. NuWave Communications is not able to recover customer data once it has been deleted.
NuWave Communications retains data for all accounts as follows:

$50.00

Per account for any combination of the following:

  • Basic Subscriber Information
  • Billing History Information
  • Additional Number or Extensions
  • Comment Logs
$100.00

Per account for:

  • Preservation, and/or
  • Expedited Handling, if available
$40.00/Month Call/Fax Log Records per account
$40.00/Month SMS Log Records per account
$80.00/Month

Per Content of Communications Type:

  • Faxes
  • Content of SMS Messages
  • Voice Messages
    • Call Recordings
$0.25/Page Photocopies and facsimiles exceeding ten pages
$60.00 for travel and $10 per signature Per notarized document request (i.e. affidavit)
$190.00/hour/Paralegal Time
$250.00/hour/Engineer Time
$450/hour/Attorney Time
Requests requiring more than 0.5 hours will be billed at a one- (1-) hour minimum.
Pen Register/Trap and Trace NuWave Communications’s actual cost
Wiretap NuWave Communications’s actual cost

 

Payment methods
Check: Make payable to NuWave Communications, Inc.
(Tax ID # 26-0245926)
Mail to:

  • NuWave Communications, Inc.
  • Attn:

Please indicate “Subpoena Request” and your Invoice Number on the check.
*A $45 fee will be charged for any returned checks.

ACH or Wire Transfer Contact NuWave Communications Accounts Payable Monday through Friday between the hours of 9:00 am and 4:00 pm Pacific Time.
Telephone: 888-368-9283
Please have your Invoice Number ready to provide to the NuWave Communications representative.
A. Data Privacy

The Parties acknowledge and agree that: (i) NuWave Communications’s role with respect to any personal identifiable information You or Your End Users transmit, receive, and/or store through the Plan (“Customer Personal Data”) is governed by the NuWave Communications Privacy Notice.

B. Disclaimer of Data Storage Responsibilities

You acknowledge and agree that: (i) neither NuWave Communications nor any NuWave Communications affiliated entity or third-party service provider shall have any obligation to store, retain, back-up, or ensure the availability of any stored Customer Communications, Customer Personal Data or Account Data; (ii) to the extent that You wish to retain any Customer Communications, Customer Personal Information or Account Data or other information relating to Your Plan Services or Your Account(s), You shall ensure that such information is downloaded, saved, and/or backed-up outside of Your Plan Services or Account(s), as necessary or appropriate for Your and/or the End Users’ purposes; (iii) You shall not rely on Your Plan Services or Account(s) as a repository for or means by which to retain, store, or back-up Customer Communications, Customer Information Data or Account Data or any other data, information, or materials; (iv) NuWave Communications may delete or purge any and all copies and versions of any stored Customer Communications, Customer Personal Information or Account Data or other data at any time, without notice, including without limitation after You delete any such information from an Account or after termination of the TOS or closure of an Account; and (v) NuWave Communications may, in its sole discretion and option and without notice, implement reasonable limits as to the size or duration of storage of Customer Communications, Customer Personal Information or Account Data.

C. Access to Data

You and Your End Users can obtain any stored Customer Communications, Customer Personal Information or Account Data with Your login credentials in the relevant NuWave Communications Administrative or Customer Portal. You acknowledge and agree that, notwithstanding anything to the contrary in these TOS, Neither NuWave Communications nor any NuWave Communications affiliates nor third-party service provider: (i) shall have no obligation to access, view, listen to, watch, or review any stored Customer Communications, Customer Personal Information or to perform any task or undertake any role that would entail or require any of the foregoing; (ii) may not have access to stored Customer Communications, Customer Personal Information or Account Data, or such access may be incomplete, limited, restricted, or subject to certain conditions; and (iii) NuWave Communications, its affiliates and third-party service providers’ shall have the right to limit, restrict, condition, or eliminate the ability of any party to access any stored Customer Communications, Customer Personal Information or Account Data in its sole discretion and without notice.

You acknowledge and agree that the Plan Services do not include the performance of any of the following tasks or work by NuWave Communications, and in no event shall NuWave Communications be obligated under these TOS to perform any of the following tasks or work: (i) the investigation, access, correction, alteration, gathering, compilation, review, verification, or production of any Account Data, Customer Communications, or any other records, documents, information, or evidence related to You or Your Plan Services or transmitted, received, or stored through an Account; (ii) the provision of legal or other counsel; or (iii) the provision of assistance, cooperation, or information beyond that which is directly and specifically related to NuWave Communications’s fulfillment of its obligations under these TOS or pursuant to applicable law.

For the avoidance of doubt, except as provided herein or required by Law, NuWave Communications is not obligated to: (i) determine, prove, or disprove any fact or claim; (ii) pursue or defend against any claim, allegation, action, lawsuit, demand, or proceeding; (iii) substantiate any party’s compliance with any Law or Legal Process; (iv) respond to or comply with any request or demand; (v) identify any party; or (vi) conduct any surveillance.

D. Export of Data

You acknowledge and agree that: (i) any stored Customer Communications, stored Customer Personal Information or Account Data, or other information or materials that You export will not be under NuWave Communications’s control and will not be subject to or protected by NuWave Communications’s security controls; (ii) linking or integrating Your Plan Services or Accounts(s) to or with any external service, environment, account or repository (including without Dropbox, Box, Google Drive™, and OneDrive®) constitutes such exportation and NuWave Communications shall have no responsibility for, and makes no representation or warranty regarding, the security, privacy, or functionality of any such linked or integrated external service, environment, account or repository. You any Your End Users, as applicable, shall comply with all applicable Law relating to the use, disclosure, access, or export of data from Your Account(s).

E. Release

You hereby release, discharge, and hold harmless NuWave Communications from and against any and all liability relating to or arising from its acts or omissions in accordance with this Section entitled “Treatment of Customer Communications, Content, and Account Data.”

Legal

These Terms of Service (the “TOS”) constitute the entire agreement between NuWave Communications (“NuWave Communications”) and you on behalf of yourself and any entity that you represent (“You”), as the user of NuWave Communications’s voice and advanced communications services, collaboration services, and any associated software and hardware or web-accessible portals, including the Plan Services. This TOS governs Your use of the Plan Services provided by NuWave Communications. These TOS were previously known as the End User License Agreement and Terms of Service; any references to the “End User License Agreement” or the “EULA TOS” in any NuWave Communications publications, notices, or agreements refer to these TOS.

There are important 911 terms related to Your VoIP services, please review the entire TOS. By activating the Plan Services, You acknowledge that You have read, understood and agree to these terms and conditions.


If You are uncomfortable with the limitations of the NuWave Communications 911 service, You should consider using an alternative means of access to traditional 911 or E911 services or discontinuing the Plan Services.

By subscribing to or using Plan Services, including those services, features or functionality provided by means of mobile applications, or by downloading installing, or using any associated software or hardware, You agree to these TOS. If You do not wish to accept these TOS, do not subscribe to or use any Plan Services or associated software or hardware.

When You accept these TOS by signing up for, subscribing to, downloading and installing any NuWave Communications software or using the NuWave Communications Plan Services, You represent and warrant that: (i) You possesses the legal right and capacity to enter into the agreement with NuWave Communications and to perform all of Your obligations thereunder; (ii) You are of legal age to enter into this Agreement; (iii) You have full power and authority to execute and deliver any agreement documents and to perform all of Your obligations thereunder; (v) if You accept on behalf of an organization, You are informing NuWave Communications that You are authorized to bind that organization, and references to “You” in these TOS expressly includes without limitation the entity You represent; and (iv) You shall be bound by the agreement.

Any capitalized terms set forth below not otherwise defined have the meanings set forth in Section 23 (“Definitions”) below.

A. NuWave Communications Provides Access to Emergency Calling Services (911).

NuWave Communications provides access to emergency calling services, allowing most NuWave Communications Office users to access either basic 911 or Enhanced 911 (E911) service. Your access may differ depending on Your location or the device You are using, and emergency calling services work differently than You may have experienced using traditional wireline or wireless telephones. It is strongly recommended that You have an alternative means for placing emergency calls available at all times.

NuWave Communications Office users using IP Desk Phones or 911-Enabled Softphones can dial 911 directly from their IP Desk Phones or 911-Enabled Softphone. EMERGENCY CALLS CANNOT BE PLACED THROUGH SOFTPHONES THAT ARE NOT 911-ENABLED.

Calls to 911 placed through the NuWave Communications Mobile Application on a smartphone are automatically routed to the native dialer on the smartphone, and the call will be handled by Your wireless service provider if wireless service is available. If Your wireless service is unavailable, the 911 call cannot be placed. The NuWave Communications Mobile Application cannot place emergency calls over Wi-Fi access. Emergency dialing is not available through the NuWave Communications Mobile Application on tablets or other mobile devices without a native phone dialer and a wireless service plan.

B. How it Works.

When a NuWave Communications Office user dials 911 on an IP Desk Phone or 911-Enabled Softphone, the NuWave Communications phone number and the Registered Address You have provided is sent to the local emergency center serving Your location. In some areas, emergency operators have access to this information; however, in areas where only basic 911 service is available, the emergency operator answering the call may not be able to see Your NuWave Communications telephone number or Your Registered Address. You should always be prepared to provide the emergency operator with Your NuWave Communications telephone number and Registered Address in case the call is dropped or disconnected. If You are unable to speak, the emergency operator may not be able to send help to Your location and/or call You back should the call be disconnected. NuWave Communications does not control whether or not the emergency operator receives Your telephone number and Registered Address.

Emergency dialing with Your Office Service works differently than emergency dialing over traditional phone service. In some cases, 911 calls dialed from Your NuWave Communications Office device cannot be directed to the local emergency response center, and are instead directed to a National Emergency Call Center (the “NECC”). That might happen if there is a problem validating a Registered Address, if the Registered Address is an international location, or if the Registered Address is in an area that is not covered by the landline 911 network. 911 calls that are directed to the NECC may not include Your NuWave Communications telephone number or Your registered address. Trained operators at the NECC will request Your name, location, and telephone number and attempt to reach emergency responders in Your local area. Until You give the operator Your phone number, and location, he/she may not be able to call You back or dispatch help to Your location if the call is dropped or disconnected.

C. Service limitations.

NuWave Communications 911 service will not function in the event of an Internet or power outage, if You do not have cellular service (on the NuWave Communications Mobile Application), or if Your broadband, ISP, or NuWave Communications Office service is terminated. The NuWave Communications Mobile Application cannot send emergency calls over Wi-Fi access. It is possible that network congestion may delay or prevent completion of a 911 call. NuWave Communications 911 service may not be available if You are dialing from a NuWave Communications number that is not a Canadian or United States number.

D. Registering Your Location.

You agree to register with NuWave Communications immediately, upon activation of Your Account, the address of the physical location where You will use the NuWave Communications Office Service for each Digital Line, including each IP Desk Phone and each 911-Enabled Softphone. This is Your Registered Address. You agree that You will accurately register each individual line through the Account Admin Portal or the Customer Portal for the applicable End User. You and Your End Users shall use the Plan Services at the Registered Address provided for the applicable Digital Line. If You or Your End Users move a registered device, You agree to immediately update the Registered Address with the new physical location of the device with NuWave Communications through the Admin Portal or in Your account settings. You acknowledge that if You do not update the Registered Address, any 911 calls made from the device may be sent to the wrong emergency response center and will not transmit Your current location information to emergency responders, delaying emergency assistance to You. It may take up to several hours for the address update to take effect. Customers with more than one line or extension are solely responsible for ensuring that an accurate and up-to-date Registered Address is maintained for each IP Desk Phone and each 911-Enabled Softphone, and that their End Users are aware of how the Registered Address can be changed.

E. Text-to-911 Services.

In some areas, emergency operators are able to receive text messages sent to 911. In areas where it is available, Your Office Service allows Emergency SMS messages, also known as Text-to-911, only through the NuWave Communications Mobile Application. Texts to 911 by NuWave Communications Office users relying on the NuWave Communications Office Mobile Application are automatically directed to the native dialer on the mobile phone, allowing You to send the text through Your wireless service provider, if available. If wireless service is unavailable, the text cannot be sent. Text-to-911 is not available on tablets or other mobile devices without a native phone dialer and a wireless service subscription.

F. Notification of Employees, Guests, or Other Users.

You agree to notify any employees, contractors, guests, or persons who may place calls using the Office Services or may be present at the physical location where the Office Services may be used, of the limitations of NuWave Communications 911 Service from Your NuWave Communications Office IP phone, other equipment or the NuWave Communications Softphone. You agree to affix a NuWave Communications-provided sticker warning that 911 services may be limited or unavailable in a readily visible place on each piece of equipment that might be used to access or use the Office Services. You and Your End Users should always have an alternative means for placing 911 calls and/or sending text messages to 911.

G. Disclaimer of Liability for Emergency Call Response.

You acknowledge and agree that Your use, and use by Your employees and/or guests or other third parties, of NuWave Communications’s 911 Services and Text-to-911 Services are subject to the limitations described herein.

The availability of certain features, such as transmission of a Registered Address or Your NuWave Communications telephone number, depends on whether local emergency response centers support those features, and are factors outside of NuWave Communications’s control. NuWave Communications relies on third parties to assist us in routing 911 calls and text messages to local emergency response centers and to the NECC. NuWave Communications does not have control over local emergency response centers, the NECC, emergency responders, or other third parties. NuWave Communications disclaims all responsibility for the conduct of local emergency response centers, the NECC and all other third parties involved in the provision of emergency response services. Accordingly, to the extent permitted by applicable Law, You hereby release, discharge, and hold harmless NuWave Communications from and against any and all liability relating to or arising from any acts or omissions of such third parties or other third parties involved in the handling of or response to any emergency or 911 call. You agree to indemnify and hold harmless NuWave Communications, and any third-party provider(s) from any and all third party claims, losses, damages, fines, or penalties arising out of: (i) Your provision to NuWave Communications of incorrect information, including physical addresses, or Your failure to update Your Registered Address; (ii) Your failure to properly notify any person who may place calls using the Office Services of the 911 limitations; or (iii) the absence, failure, or outage of emergency service dialing using the Office Services for any reason; and (iv) the inability of any user of the Office Services to be able to dial 911 or access emergency service personnel for any reason.

A. Purchase of Plan Services

Pursuant to these TOS, You are purchasing a subscription for the Plan Services set forth in Your initial Order, and agreeing to use and pay for the same as set forth in these TOS for the entire period in the initial Order (the “Initial Term”), and any Renewal Terms, as applicable. You agree to be financially responsible for Your use of the Plan Services, including the authorized or unauthorized use of Your Account. In order to use the Plan Services, You must have properly configured and working Internet service or broadband connection as set forth in Section 4(a) (IP Network Sufficiency), below. NuWave Communications does not provide any access to the Internet.

B. Account Registration

Upon signing up for the Plan Services and at subsequent times as requested by NuWave Communications, You or Your End Users may be required to provide certain information, including but not limited to, name, address, phone number, email address, security question and/or answers) in order to begin using or to update the Plan Services, activate features, or add or modify any individual lines, extension or additional products or services (e.g., activating an Account or End User or provisioning a device) (“Registration Information”). You hereby grant to NuWave Communications permission and a perpetual, worldwide, royalty-free, fully paid-up, non-exclusive, non-transferable right and license to copy, reproduce, store, record, disclose, transmit, display, access, and use Registration Information in connection with the activation, provision, support, improvement, administration, or management of Your Plan Services, as set forth in these TOS or otherwise permitted by Law. You represent and warrant that all Registration Information provided to NuWave Communications by or on behalf of You or any End User will be true, accurate, current, and complete, and that You will promptly confirm, update, or supplement Registration Information on file upon NuWave Communications’s request or in the event that such Registration Information changes.

C. Account Administrators

The End User(s) You designate as Account Administrator(s) of Your Plan Services will have rights to set or modify the settings or preferences of other End Users of Your Account. You are responsible for all acts and omissions of Your Account Administrators, and any other End Users, including without limitation any changes or purchases such individuals may make to Your Account.

D. Purchase of Additional Digital Lines

Your Plan Services may include Digital Lines as set forth in the applicable Order. Account Administrators may purchase additional Digital Lines for the applicable Account at any time by placing an Order for the Digital Lines through the Account’s Admin Portal or by contacting the NuWave Communications account representative for that Account. Each additional Digital Line added to Your Account is subject to the terms of these TOS. The Term of the additional Digital Lines will run conterminously with the Term of Your initial purchase (either monthly or annually renewed, as applicable).

E. Term and Automatic Renewal

Your license to the Plan Services is provided for the Initial Term and any subsequent Renewal Terms.

The Initial Term for all service plans will renew automatically for successive terms of the same length (each, a “Renewal Term”) without further action by or notice to You; if You wish to cancel or terminate your NuWave Communications services, You must notify NuWave Communications customer service of your intent not to renewal at least thirty (30) days before the end of the Initial Term or then-current Renewal Term. The Initial Term together with any Renewal Terms are collectively the “Term”.

F. Equipment

All IP Desk phones and/or equipment related to IP Desk phones, including but not limited to, handsets, headsets, software installed on or related to those devices, and any other product directly related to IP devices, shall be provided to the NuWave Communications customer by either NuWave Communications or a third-party vendor.

A. Password Information Security

You agree that You are responsible for all Password Information that You or any End User use with the Plan Services. You further agree to ensure that all such Password Information: (i) shall be immediately changed in the event that You or Your End Users learn of or suspect that any Account Security Incident has occurred; (ii) shall not be not transmitted or stored in any unsecure manner (including without limitation through any auto-storage, caching, “remember,” or auto-fill feature); and (iii) shall be protected from theft or unauthorized access, use, or disclosure with at least a reasonable degree of care and diligence.

B. End-Point Security

You agree to protect all End Points using, at minimum, generally accepted security measures, including without limitation: (i) effective passwords or other credentials; (ii) network segmentation and access restrictions utilizing an accurate and up-to-date access control list; (iii) session time-out and/or locking screen saver features; and (iv) use of an effective and up-to-date firewall for all networks to or through which any End Point might connect. YOU ACKNOWLEDGE AND AGREE THAT THESE REQUIREMENTS APPLY TO IP DESK PHONES, AND MOBILE DEVICES, WHICH UTILIZE THE SAME CONNECTIVITY – AND ARE SUBJECT TO THE SAME SECURITY RISKS – AS COMPUTERS.

C. Update of Security Features

You acknowledge that some Plan Services security features may require activation or installation of software or firmware updates, and software may be de-activated or uninstalled. You agree to promptly download and install all updates to software and/or hardware or firmware used in conjunction with the Plan Services, and generally to ensure the activation and use of all features that are necessary or appropriate to protect the Accounts, users, End Users, or Your organization’s assets and operations. You acknowledge and agree that if You decide not to install updates, this may result in the functionality of the Plan Services to be diminished and unstable.

D. Account and End User Management

You acknowledge and agree that End Users You designate as Account Administrators may have the ability to make purchases and enter into transactions on Your behalf and/or to perform acts related to Your Plan Services, or Your Account, including any individual line or extension or ancillary services, that may significantly affect You or the operation of Your Plan Services, including without limitation adding, removing, or modifying numbers or extensions assigned to an Account; payment method(s); making changes to software or hardware; adding, removing, or modifying ancillary services; and/or modifying settings. You are responsible for any such changes made to Your account. You agree to maintain sole and exclusive control over Your Plan Services or Your Account at all times and to ensure that all Account rights, permissions, and settings, and all use and Usage, are effectively managed as necessary to prevent any unauthorized access to, use or Usage of, or transaction or activity through or relating to Your Plan Services, including without limitation by implementing the following measures and practices:

  • Disable international calling and/or calling to Alaska, Hawaii, and/or Puerto Rico for all lines or extensions for which such calls are not needed or not authorized;
  • Restrict international calling destinations to those that are needed and authorized;
  • Block inbound calls from any caller IDs and area codes from which You do not wish for Users to receive calls and block inbound calls with no caller ID if appropriate;
  • Disable calling card feature for each Account for which such feature not needed;
  • Disable attachment of facsimile images, voicemail audio files, Glip messages, and SMS text messages to message notification emails associated with Your Account and/or individual lines or numbers for which such functionality is not required and to the extent that such files may include sensitive or confidential content;
  • Regularly monitor, review, and scrutinize End User calling and other Account activity, in compliance with applicable telecommunications and privacy Laws (including the Privacy Regulations);
  • Promptly notify NuWave Communications of Account Security Incident and provide all reasonable information and cooperation requested by NuWave Communications in responding to any Account Security Incident; and
  • Implement and train all End Users as to general security controls and practices, as necessary to ensure Your compliance with this Section entitled “Customer Security Policy”.

A. IP Network Sufficiency

You acknowledge and agree that: (i) the Plan Services require a properly-configured, high performance, enterprise-grade broadband IP network and connection; (ii) use of the Plan Services with any lesser network, services, or connection may result in partial or complete unavailability, interruption, or underperformance of the Plan Services or other services utilizing the same network, services, or connection; and (iii) 3G, LTE or 4G networks are not recommended for use with the Plan Services. Accordingly, You agree to provide and maintain, at Your cost, an IP network, services, and connection meeting the foregoing standard and all equipment necessary for the Plan Services to connect to and use such network, services, and connection. NuWave Communications is not liable for any unavailability, interruption, or underperformance of the Plan Services related to Your IP network or connection.

IMPORTANT INFORMATION: If You IP network or connection fails, Your Plan Services will also fail. Your Plan Services may cease to function if there is a power cut or failure. These failures may be caused by reasons outside of NuWave Communications’s control.

B. Caller ID Display Limitations and Compliance

You acknowledge and agree that the disclosure and/or display of information related to the origination of calls, messages, and other communications (including without limitation “Caller ID” information) may be subject to legal requirements, including without limitation those related to the accurate display of such information or the enforcement of certain privacy instructions, settings, etc. You agree to comply with all such applicable Laws and implementing regulations, including without limitation the Truth in Caller ID Act. NuWave Communications has no obligation to disclose, display, or transmit any such information for or in connection with any Customer Communication. You agree to indemnify and hold harmless NuWave Communications from any and all third party claims, losses, damages, fines, or penalties arising out of Your breach of this Section.

C. Operator Assisted Calling, 311, 511 and other X11 Calling

NuWave Communications does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls, 900, or calling card calls). Your Plan Service may not support 211, 311, 411, 511, and/or other N11 calling (except as otherwise provided in these TOS) in one or more service areas.

D. Voice-to-Text and Text-to-Voice

You acknowledge and agree that: (i) any and all Voice/Text Features are provided merely as a convenience and may not accurately transcribe voice content, articulate text messages, or perform such functionality for all voice content or text messages or for the entirety of voice content or text messages; (ii) neither You nor any End User may rely on any Voice/Text Feature to perform such accurate transcription or articulation; and (iii) You and all End Users shall be responsible for reviewing and/or listening to the original content of any Customer Communication or other media as necessary or appropriate to prevent You, any End User, or any other party from incurring any cost, expense, liability, loss, damage, or harm.

E. Use of Third Party Devices

NuWave Communications does not guarantee or make any representation or warranty that any IP Desk Phones and/or other equipment related to I Desk Phones which are not purchased through or supplied by NuWave Communications or its designated third-party vendor will work or be compatible with the Plan Services or support the Plan Services’ full performance or quality of service potential or range of features and functionalities.

F. Use of Mobile Application

The NuWave Communications Mobile Application can be configured to make or receive calls on Your 3G, LTE, or 4G network using Your data service, and may result in additional data usage fees from Your mobile service provider. You can disable 3G/LTE/4G calling by configuring the Mobile Application to make/receive calls only over a wi-fi connection. Configuring the Mobile Application to disable VoIP calling will result in NuWave Communications making/receiving calls using Your voice connection from Your mobile service provider; this may result in additional voice minute usage fees from Your mobile service provider.

A. High Risk Use

YOU ACKNOWLEDGE THAT THE PLAN SERVICES ARE NOT DESIGNED, MANUFACTURED, INTENDED, OR RECOMMENDED FOR USE FOR ANY HIGH-RISK OR FAIL-SAFE PURPOSE OR ACTIVITY OR IN ANY ENVIRONMENT WHERE FAILURE, INTERRUPTION, MALFUNCTION, ERROR, OR UNAVAILABILITY COULD RESULT IN SUBSTANTIAL LIABILITY OR DAMAGES, PHYSICAL HARM OR PERSONAL INJURY, DEATH OR DISMEMBERMENT, OR PROPERTY OR ENVIRONMENTAL DAMAGE. YOU REPRESENT AND WARRANT THAT YOU AND YOUR END USERS WILL NOT USE THE PLAN SERVICES FOR ANY SUCH PURPOSE OR ACTIVITY OR IN ANY SUCH ENVIRONMENT.

B. Acceptable Use

YOU SHALL NOT USE THE PLAN SERVICES FOR ANY ILLEGAL, FRAUDULENT, IMPROPER, OR ABUSIVE PURPOSE OR IN ANY WAY THAT INTERFERES WITH NuWave Communications’S ABILITY TO PROVIDE HIGH QUALITY SERVICES TO OTHER CUSTOMERS, PREVENTS OR RESTRICTS OTHER CUSTOMERS FROM USING THE SERVICES, OR DAMAGES ANY NuWave Communications’S OR OTHER CUSTOMERS’ PROPERTY.

A breach of obligations in this Section 5 (Use Policies) constitutes a material breach of these TOS, such that NuWave Communications may suspend service, terminate the Agreement immediately, or take any other action NuWave Communications deems necessary to provide the Plan Services to you and others; to protect you, the Plan Services, and the NuWave Communications networks; and to enforce the terms of this Section.

Neither You nor any End User may use or allow use of the Plan Services in any of the following ways:

  • (i) Illegal or inappropriate behavior. Using the Plan Services in any manner that is in violation of applicable Law, obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, malicious, infringing, tortious, or invasive of another’s privacy.
  • (ii) Distracted driving. You are responsible for the safe use of the Plan Services for any End User accessing Your account. You shall require the End Users of Your Plan Services to become familiar and comply with all local laws before using a wireless device and mobile applications while operating a motor vehicle. Never text or use text-based messaging (including Glip) while driving. For more information see www.nhtsa.gov (click on “Driving Safety” then on “Distracted Driving”).
  • (iii) Spamming. Sending messages or advertisements, including email, voicemail, SMS, or faxes, without the consent of the recipient or otherwise in violation of applicable Law.
  • (iv) Blasting. Intentionally engaging in blasting or broadcasting bulk communications, advertisements, or messages, including without limitation through email, voicemail, SMS, facsimile, or internet facsimile, except where expressly permitted herein.
  • (v) Harvesting information. Harvesting or otherwise collecting information about others, including email addresses, without their consent or in breach of applicable data protection or privacy laws.
  • (vi) Auto-dialing. Performing auto-dialing or ‘predictive’ dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place out-bound calls) in violation of applicable Law, or in an excessive or otherwise abusive manner (as NuWave Communications may determine in its discretion).
  • (vii) Transmitting viruses. Negligently, recklessly, knowingly, or intentionally transmitting any material that contains viruses, time bombs, Trojan horses, worms, malware, spyware, or any other programs that may be harmful or dangerous.
  • (viii) ID spoofing. Creating a false Caller ID identity (“ID spoofing”) or forged email/SMS addresses or headers, or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the Plan Services.
  • (ix) Infringement of rights. Transmitting any material that may infringe, misappropriate, or otherwise violate the Intellectual Property rights, rights of privacy, personality, or publicity or other rights of NuWave Communications or third parties, including but not limited to the display or use of any NuWave Communications Mark in any manner that violates NuWave Communications’s then-current policies on its trademark and logo usage or without NuWave Communications’s express prior written permission, or display or use of any Third-Party Mark without the prior written permission of the third party that owns any such Third-Party Mark.
  • (x) Derivative Works. Undertaking, directing, attempting, causing, permitting, or authorizing the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Plan Services or any other software or hardware provided by NuWave Communications and used in conjunction with the Plan Services.
  • (xi) Illegal communications. Transmitting any communication that would violate any applicable Law, or using the Plan Services to facilitate any illegal activity.
  • (xii) Excessive usage. Utilizing the Plan Services in excess of what, in NuWave Communications’s reasonable discretion, would be expected of normal business use.
  • (xiii) Interfering with another customer’s use of the Plan Services. Using the Plan Services in any way that interferes with, disrupts, prevents or restricts other customers’ and third parties’ use and enjoyment of the services.
  • (xiv) Network Interference. Interfering with, or disrupting, networks or systems connected to the Plan Services.
  • (xv) Avoiding compliance. Using or employing methods and/or devices that are designed or likely to take advantage of, bypass, exploit, or otherwise avoid compliance with the Agreement or applicable Law.
  • (xvi) Granting rights to third parties with respect to the Plan Services. Selling; reselling; distributing; leasing; exporting; importing; or otherwise granting or purporting to grant rights to third parties with respect to the Plan Services, and any software or hardware used in conjunction with the Plan Services or any part thereof without NuWave Communications’s prior written consent.
  • (xvii) Unauthorized usage. Undertaking, directing, attempting, causing, permitting, or authorizing the copying, modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Plan Services or any software and hardware used in conjunction with the Plan Services, or part thereof.
  • (xviii) Circumvention of security measures. Defeating, disabling, or circumventing any security mechanism related to the Plan Services.
  • (xix) Interception. Intercepting, capturing, sniffing, monitoring, modifying, emulating, decrypting, or redirecting, any communication or data for any purpose, including, without limitation, by causing any product to connect to any computer server or other device not authorized by NuWave Communications or in any manner not authorized in advance in writing by NuWave Communications.
  • (xx) Unauthorized repair. Allowing any service provider or other third party – with the sole exception of NuWave Communications’s authorized maintenance providers acting with NuWave Communications’s express, prior authorization – to use or execute any software commands that facilitate the maintenance or repair of any software or hardware used in conjunction with the Plan Services.
  • (xxi) Unauthorized Access. Gaining access to or using (or attempting to gain access or use) any device, system, network, account, or plan in any unauthorized manner (including without limitation through password mining).
  • (xxii) Trunking. Engaging in or to allowing trunking or forwarding of Your NuWave Communications telephone or facsimile number to (an)other number(s) capable of handling multiple simultaneous calls, or to a private branch exchange (PBX) or a key system.
  • (xxiii) Traffic Pumping. Engaging on or allowing traffic pumping or access stimulation of calls through Your Plan Services or the NuWave Communications systems.
  • (xxiv) Using any NuWave Communications Mark without consent. Displaying or using any NuWave Communications Mark in any manner in violation of the applicable NuWave Communications Party’s then-current policies on its trade mark and logo usage or without the applicable NuWave Communications Party’s express, prior written permission, to be granted or denied in that NuWave Communications Party’s sole discretion.
  • (xxv) Using any Third Party Mark without consent. Displaying or using any Third Party Mark without the prior, written consent of the third party that owns the Third Party Mark.
  • (xxvi) Protected Health Information. If You qualify as a “covered entity,” “business associate,” or “subcontractor” under HIPAA or are otherwise subject to HIPAA: (1) storing protected health information (“PHI”) on a non-temporary basis, transmitting or receiving PHI; or otherwise using the Plan Services without the NuWave Communications HIPAA Conduit setting being active and in effect.

C. Customer Legal Compliance

You represent and warrant that all use and Usage of the Plan Services, and Your Account(s), will at all times comply with all applicable Laws, including but not limited to the rules, policies and regulations of the Federal Communications Commission (“FCC”) or the Canadian Radio-Television and Telecommunications Commission (“CRTC”), as applicable, and all Laws relating to Do-Not-Call provisions; unsolicited marketing; telemarketing; faxing; email marketing; spamming or phishing; data security or privacy; international communications; account or debt collection; recording of calls or conversations; export control; export of technical or personal data; end user, end-use, and destination restrictions imposed by the United States, Canada, or foreign governments; consumer protection; pornography; trade practices; false advertising; unfair competition; anti-discrimination; harassment; defamation; intellectual property; or securities.

D. Unsolicited Advertisements and TCPA Compliance

Certain communication practices – including without limitation, the placing of unsolicited calls; the placing of commercial messages; the sending of unsolicited facsimile, internet facsimile, SMS, or other messages; and the use of certain automated telephone equipment to place certain calls – are regulated in the United States by the Federal Telephone Consumer Protection Act of 1991 (also known as the “TCPA”) (available at http://www.fcc.gov/document/telephone-consumer-protection-act-1991), the Junk Fax Prevention Act of 2005, and under a number of similar state, municipal or local laws, regulations, codes, ordinances and rules, and in Canada by the CRTC pursuant to Canada’s Anti-Spam Law (“CASL”) (available at http://laws-lois.justice.gc.ca/eng/acts/E-1.6/index.html).

You agree, represent and warrant that:

  • I. You are the creator of the content of, and are solely responsible for determining the destination(s) and recipient(s) of, all outbound communications made using Your Plan Services (“Customer Communication”);
  • II. All content, communications, files, information, data, and other content provided for transmission through Your Office Plan, and Account, or the Plan Services will be provided solely for lawful purposes, and in no event shall any Customer Communication or any content thereof be in violation of the TCPA, Junk Fax Prevention Act, CASL, or any other Law; and
  • III. No unsolicited advertisements, commercial messages, solicitations, marketing or promotional materials, or commercial messages or content will be transmitted or distributed in the form of facsimiles or internet facsimiles through the Plan Services.

At NuWave Communications’s sole option and without further notice, NuWave Communications may use technologies and procedures, including without limitation, filters, that may block or terminate such unsolicited advertisements without delivering them.

You agree to indemnify and hold harmless NuWave Communications, and any third-party provider(s) from any and all third party claims, losses, damages, fines, or penalties arising: (i) out of Your violation or alleged violation of the TCPA, Junk Fax Prevention Act, CASL, or any similar regulation or legislation; or (ii) otherwise related to any voicemail, text, and/or fax spam, solicitations, or commercial messages that You may send and/or receive using the Plan Services.

E. Export Restrictions

You acknowledge and agree that the software and/or hardware used in conjunction with the Plan Services may be subject to Canada, United States and other foreign Laws and regulations governing the export, re-export, and/or transfer of software by physical or electronic means. You agree, represent, covenant, and warrant that: (i) neither You nor any End User (nor any entity or person that controls You or any End User): (a) is located in an Embargoed Area or listed on any Export Control List or (b) will export or re-export any NuWave Communications software or hardware into any Embargoed Area or to any person, entity, or organization on any Export Control List, or to any person, entity, or organization subject to economic sanctions due to ownership or control by any such person, entity, or organization, without prior authorization by license, license exception, or license exemption; and (ii) the Plan Services and NuWave Communications software and/or hardware will not be Used or accessed from any Embargoed Area.

F. Recording Conversations or Calls

Certain features of the Plan Services may allow You or users of the Plan Services to record calls or other communications. The notification and consent requirements relating to the recording of calls, and/or other communications may vary from state to state, province to province, and country to country. You should consult with an attorney prior to recording any communication, as some jurisdictions may require the prior consent of all parties to a recorded communication. You represent, covenant, and warrant that You will review all applicable Laws before You use or allow use of the Plan Services to record any communications and will at all times comply with all applicable Laws. You agree to inform all users of Your Account that they are obligated to comply with all Laws relating to their use of the call recording feature. Violations of call recording Laws may be subject to criminal or civil penalties.

NuWave Communications expressly disclaims all liability with respect to Your recording of telephone conversations. You agree to indemnify and hold harmless NuWave Communications, and any third-party provider(s) from any and all third party claims, losses, damages, fines, or penalties arising out of Your violation or alleged violation of any call recording Laws. NuWave Communications expressly disclaims all liability and all warranties with respect to recording of conversations and/or calls.

A. Number Availability.

NuWave Communications may make available telephone and/or facsimile numbers for Your selection and assignment to Account(s). You acknowledge and agree that NuWave Communications’s listing of a number may be erroneous and does not constitute a representation or guarantee that such number is actually available for such assignment, and that NuWave Communications shall be authorized to remove such number from an Account in the event that it is not actually available.

B. Number Porting Policy

  • I. Federal Porting Law. Number porting is defined and regulated by the FCC in the United States, and by CRTC in Canada.
  • II. Number Port-In Request Procedures. In order to request the porting of a telephone or facsimile number into an Account, the Account Administrator for the Account into which You wish the telephone or facsimile number to be ported must log in to the Admin Portal for such Account and complete all steps and provide all information requested as part of the number port-in request process (which may include without limitation providing an executed Letter of Agency) or as otherwise requested by NuWave Communications. In addition, if You wish to port into an Account more than 100 telephone or facsimile numbers from the same third party service provider account, You must contact NuWave Communications’s Project Porting Department at support@nuwave.com and comply with their instructions.
  • III. The Number Porting Process. In order to request the porting out to another services provider of a telephone or facsimile number currently assigned to an Account, You must follow the instructions specified by that services provider and must provide all information and cooperation requested by the relevant other services providers, NuWave Communications, or any other relevant third party. You acknowledge and agree that: (i) the porting of telephone or facsimile numbers into or out of an Account requires Your provision of specific and detailed information to NuWave Communications and/or third parties (including without limitation other services providers) and completion of certain steps and procedures, as well as third parties’ completion of certain steps; and (ii) numbers may not be ported into or out of an Account unless and until You are able to provide certain specific information that matches other information on record with NuWave Communications or other services providers. For these and other reasons, the completion of any number port request and the timing of and date by which any such request may be completed depend on a number of factors outside of NuWave Communications’s control, including without limitation the acts and omissions of both You and third parties, including without limitation other services providers.
  • IV. Unauthorized Port Outs. You acknowledge and agree that telephone or facsimile numbers may be ported out from Your Plan Services or an Account due to acts or omissions of third parties, and it may be difficult or impossible for NuWave Communications to: (i) prevent such port-outs: (ii) retrieve numbers ported-out of an Account; or (iii) port such numbers back into an Account. NuWave Communications has no responsibility or liability due to such port-outs.
  • V. Accurate Porting Information. You agree, represent and warrant that all information or representations provided in connection with any request to port in or port out numbers (including without limitation any information or representations in any Letter of Agency) by You, any User or End User, or any party acting on behalf of, at the direction or request of, or with the permission or knowledge of any of the foregoing shall be true, accurate, and up-to-date.
  • VI. Customer Compliance with Porting Laws. You acknowledge and agree that the porting of numbers is subject to telecommunications and other Laws and may be subject to third party terms and conditions. You agree, represent, and warrant that neither You; nor any User or End User; nor any party acting on behalf of, at the direction or request of, or with the permission or knowledge of any of the foregoing will at any time: (i) violate any applicable Law or engage in any fraudulent or deceptive conduct in its porting-related requests or activities; (ii) engage in or facilitate “slamming” or the porting out of any telephone or facsimile number or change or attempt to change any party’s telephony service provider without first obtaining the proper, requisite consents and authorizations; or (iii) violate contractual or other obligations to service providers or other third parties.
  • VII. Release of Numbers. You acknowledge that in the event of account termination or cancellation, all telephone numbers associated with Your Account, which have not previously been ported to another provider, may be released. Similarly, the cancellation of individual lines may result in the release of the related numbers if those numbers have not previously been ported to another provider. You acknowledge that You are solely responsible for working with a third-party provider to port out any numbers prior to termination or cancellation of Your Account or Plan Services, or any individual line.

C. Number Publication by Customer

Neither You nor any End User may publicize, list, or communicate any number that You believe to be assigned to Your Plan Services or Account(s), or purchase or invest in any materials or media reflecting any such number unless and until You have verified that such number(s) is(are) active and functioning as desired, including without limitation by test calling such number(s) from a non-NuWave Communications service plan and verifying that the fees and charges that will be incurred in connection with use of such number(s) are acceptable to You.

Please note that all prices, Taxes, surcharges, and fees are subject to change at any time, except to the extent such charges are set by agreement between You and NuWave Communications for a specified term. You are responsible for paying all charges for Your Account, including but not limited to toll -free, local, long distance, international minutes, additional feature charges, 411 and operator assisted charges, directory assistance charges, and for all Taxes, surcharges, and fees imposed on Your Account or us as a result of Your use of the Plan Service. Customers with a past due balance on previous or multiple accounts will be charged the full balance, including but not limited to any Taxes or Fees as defined in this TOS, any late fees, service change fees, and fees for chargebacks or returned checks, upon opening a new account or updating their credit card information on file.

A. Charges and Plan Credits

NuWave Communications offers several different plan options for Plan Service. You may change Your Plan Service plan at any time; however, a one-time processing fee of ten dollars ($10) may apply when “downgrading” an existing plan to a plan with lower monthly fees (e.g., a plan with fewer minutes and/or features). In addition, certain plans may entitle You to receive discounts on equipment used in connection with NuWave Communications Plan Service. If You receive any equipment discounts associated with a Plan Service plan and subsequently change that plan to one that does not offer those equipment discounts, You agree to reimburse NuWave Communications, and hereby authorize NuWave Communications to charge Your credit card on file, or invoice You, as applicable, for such equipment discounts.

B. Service Availability

You acknowledge and agree that the products or services, including without limitation the Plan Services, may not be available one hundred percent (100%) of the time. Credit allowances for interruption of the Plan Services may only be provided on a case-by-case basis at the sole discretion of NuWave Communications and shall be Your sole remedy for any Plan Services interruptions or other issues with the Plan Services.

C. Plan Credits and Minutes

NuWave Communications offers several different plans for its products and services. Some of the plans provide for a fixed number of monthly usage minutes (“Plan Credits“). If You exceed Your monthly Plan Credits during the course of a Service month, You may purchase additional Plan Credits as needed. NuWave Communications may also provide You certain bonus credit minutes and/or other promotional incentives (e.g., “tell-a-friend” credits) upon fulfillment of the applicable promotion requirements. All of the Plan Credits are quoted in terms of domestic minute usage, and may be referred to on the NuWave Communications website or by a NuWave Communications Customer Service representative as “minutes”. As explained below, international calling may be charged at a different rate than domestic calling, and a Plan Credit “minute” therefore will not entitle You to a minute of international calling (“International Minutes”).

D. Metered Calling Plans

NuWave Communications offers several monthly metered plans for some of its products and services. Each metered calling plan provides You with a toll-free or local telephone number and a fixed number of Plan Credits each month for a monthly fee, excluding Taxes, surcharges, and fees. When You exhaust Your initial paid allotment of Plan Credits for Your metered plan, unless You advise NuWave Communications otherwise in writing, NuWave Communications will automatically bill Your Account for the smallest available bundle of Plan Credits for the applicable service. Additional minute usage will be debited at the applicable per minute rate(s) for Your metered plan. However, in some limited instances, calls placed under a metered plan may not be counted against Your monthly allotment (e.g., calls made via a local phone number to leave or check voicemail or configure a system and calls answered on the NuWave Communications Softphone). Please check the details of Your metered plan to determine which calls (if any) are not counted against Your monthly minute allotment. For international calling, international rates will apply.

E. Unlimited Plan

NuWave Communications offers unlimited monthly plans for some of its products and services. “Unlimited” does not refer to types prohibited by these TOS, including trunking, access stimulation, reselling of the Plan Services, etc. All unlimited plans are subject to fair usage and the terms and restrictions of these TOS. If, for any reason, NuWave Communications believes that Your usage of the unlimited plan and services violates these TOS, then NuWave Communications may, in its sole discretion with or without notice, either terminate Your unlimited plan, suspend the Plan Services, or immediately convert Your unlimited plan to a metered plan, as set forth above. Utilizing the Plan Services in excess of what, in NuWave’s reasonable discretion, would be expected of normal business use. NuWave classifies normal business use as seven hundred and fifty (750) minutes per session initiated protocol trunk.

F. Value, Ownership, and Expiration of Credits or Minutes

In no event shall any Toll-Free Minute, International Minute Credit, Billing Credit, Plan Credit, or any other type of credit or minute issued to You or applied to an Account (collectively “Account Credits”) have any monetary value or be exchangeable or exchanged for cash. Account Credits may be applied to only the Account for which they were purchased and/or provided, and may not be sold, transferred, assigned, or applied to any other Account, account, plan, or customer. Credited Toll-Free Minutes not applied to Usage of the applicable Account during the monthly billing cycle for which they are credited shall expire at the end of such cycle and shall in no event be available for application to Usage occurring during (or “roll over” to) any other period. Other Account Credits shall expire according to the terms of their purchase or provision.

G. Discounts

From time to time in its sole discretion, NuWave Communications may offer promotions or discounts. Any promotion or discount codes must be provided to NuWave Communications upon purchase of the Plan Services. You are not entitled to a subsequent credit for any promotions or discounts if You do not request the promotion or discount credit at the time of Account creation or change of service. Promotions and/or discounts may not be used cumulatively or retroactively.

A. Plan Services Fees.

The initial Order sets forth the base recurring fees for the Plan Services and the number of minutes of inbound Usage of any toll-free number(s) assigned to an Account, if any, that are included in the Plan Services Fees for each monthly billing cycle. Any applicable initiation charges, monthly recurring charges, support charges, Taxes, and other fees are billed in full in advance. Termination, Usage, international minutes, equipment return fees and transfer charges, if any, are billed in arrears. Upon termination of Your Account for any reason, all unused Account Credits shall expire in their entirety on the termination date. No refund, transfer or proration shall be made of any unused Account Credits.

B. Taxes and Fees.

All fees for Services advertised or otherwise listed on the NuWave Communications website are exclusive of any Taxes. You agree to pay all Taxes and similar liabilities that may now or hereafter be levied on the Plan Services and related software or hardware by any federal, state, provincial, local, or international law or regulation, as well as any administrative and recovery fees and charges levied on the Plan Services by NuWave Communications, whether or not mandated by law or regulation. Should NuWave Communications pay or be required to pay such liabilities (including any Taxes that were due but not charged or previously collected), You agree that NuWave Communications may charge Your credit card on file or invoice You, as applicable, for such payments upon receipt of an invoice and showing of indebtedness to NuWave Communications.

C. Billing for Mid-Year Transactions

In the event that any purchase, transaction, or event involving or resulting in an annually-incurred Plan Services amount occurs subsequent to the beginning of an annual billing cycle, NuWave Communications may at that time bill You a pro-rated amount for the remainder of the then-current cycle and thereafter bill You conterminously with each subsequent cycle.

D. Late Fees

You agree and acknowledge that time is of the essence for payment of all fees and charges. Any fees or charges not paid when due shall incur interest at a rate of the lesser of: (i) eighteen percent (18%) per annum; or (ii) the highest rate allowed by Law. NuWave Communications’s acceptance of late or partial payments (regardless of how they are marked or designated (including without limitation as “Paid in Full,” “Accord and Satisfaction,” or similarly)) shall not waive, limit, or prejudice in any way NuWave Communications’s rights to collect any amount due. NuWave Communications may terminate the Plan Services these TOS for non-payment if any fees or charges are not paid within thirty (30) days of the due date.

E. Form of Payment

All fees and charges are payable to NuWave Communications by check, ACH, Wire or credit card or debit card. You agree to be liable for a processing fee in the amount of the lesser of: (i) fifty dollars ($50.00); or (ii) the highest amount allowed by Law for any credit card chargeback or check or other payment returned for nonpayment.

When You subscribe to Plan Services, You will provide us with a payment method, such as a valid credit card or information for invoicing (if You are pre-approved by NuWave Communications in its sole discretion to be billed via invoice, and NuWave Communications reserves the right to revoke such approval and switch You to credit card billing in its sole discretion), and, if applicable, authorize us to collect from the payment method provided. Any authorization to charge a provided credit card will remain valid until thirty (30) days after You withdraw the authorization, or immediately upon provision of a replacement valid credit card. Upon termination of this Agreement, we will charge You any fees and any other outstanding charges and disconnect Your service. You agree to advise and notify us of any changes to Your payment method, such as credit card account number or expiration date changes. If the credit card or other payment method on Your Account is declined or fails for any reason, NuWave Communications will use reasonable efforts to contact You and advise You of the failed billing attempts. Notwithstanding the foregoing, NuWave Communications reserves the right to disconnect Your Service and terminate Your Account if Your payment method is declined or fails for any reason, or if You withdraw authorization to charge a valid credit and do not provide an alternative payment method, and NuWave Communications reserves the right to continue to attempt charging Your credit card for any outstanding Service charges and additional fees and pursue any other legal remedies available to NuWave Communications.

F. Disputed Amounts

You will waive the right to dispute any billed amount if You do not dispute such amount within thirty (30) days of the date of its billing. If You fail to provide a written statement explaining in reasonable detail Your reasons for disputing the charge within such time period, You hereby irrevocably waive any objection and further recourse with regard to such charges. In the event that You timely dispute a billed amount and NuWave Communications confirms that You were over-billed, NuWave Communications shall credit the applicable Account in the amount of the over-billing (“Billing Credits”). Billing Credits shall be NuWave Communications’s sole and exclusive obligation and Your sole and exclusive remedy with respect to any erroneous billing.

Notwithstanding the foregoing, if You request that Your bank or credit card company perform a chargeback or decline to process a check without first contacting NuWave Communications to dispute the charge, and NuWave Communications subsequently determines that the charges at issue are not erroneous, NuWave Communications reserves the right to terminate Your Account immediately and take any available legal action.

You are solely liable for any transactions or usage on Your Account, whether by You, any End User, or any other user of Your Plan Services, and in no event shall NuWave Communications be liable for any unauthorized use of Your Account.

A. Data Privacy

The Parties acknowledge and agree that: (i) NuWave Communications’s role with respect to any personal identifiable information You or Your End Users transmit, receive, and/or store through the Plan (“Customer Personal Data”) is governed by the NuWave Communications Privacy Notice.

B. Disclaimer of Data Storage Responsibilities

You acknowledge and agree that: (i) neither NuWave Communications nor any NuWave Communications affiliated entity or third-party service provider shall have any obligation to store, retain, back-up, or ensure the availability of any stored Customer Communications, Customer Personal Data or Account Data; (ii) to the extent that You wish to retain any Customer Communications, Customer Personal Information or Account Data or other information relating to Your Plan Services or Your Account(s), You shall ensure that such information is downloaded, saved, and/or backed-up outside of Your Plan Services or Account(s), as necessary or appropriate for Your and/or the End Users’ purposes; (iii) You shall not rely on Your Plan Services or Account(s) as a repository for or means by which to retain, store, or back-up Customer Communications, Customer Information Data or Account Data or any other data, information, or materials; (iv) NuWave Communications may delete or purge any and all copies and versions of any stored Customer Communications, Customer Personal Information or Account Data or other data at any time, without notice, including without limitation after You delete any such information from an Account or after termination of the TOS or closure of an Account; and (v) NuWave Communications may, in its sole discretion and option and without notice, implement reasonable limits as to the size or duration of storage of Customer Communications, Customer Personal Information or Account Data.

C. Access to Data

You and Your End Users can obtain any stored Customer Communications, Customer Personal Information or Account Data with Your login credentials in the relevant NuWave Communications Administrative or Customer Portal. You acknowledge and agree that, notwithstanding anything to the contrary in these TOS, Neither NuWave Communications nor any NuWave Communications affiliates nor third-party service provider: (i) shall have no obligation to access, view, listen to, watch, or review any stored Customer Communications, Customer Personal Information or to perform any task or undertake any role that would entail or require any of the foregoing; (ii) may not have access to stored Customer Communications, Customer Personal Information or Account Data, or such access may be incomplete, limited, restricted, or subject to certain conditions; and (iii) NuWave Communications, its affiliates and third-party service providers’ shall have the right to limit, restrict, condition, or eliminate the ability of any party to access any stored Customer Communications, Customer Personal Information or Account Data in its sole discretion and without notice.

You acknowledge and agree that the Plan Services do not include the performance of any of the following tasks or work by NuWave Communications, and in no event shall NuWave Communications be obligated under these TOS to perform any of the following tasks or work: (i) the investigation, access, correction, alteration, gathering, compilation, review, verification, or production of any Account Data, Customer Communications, or any other records, documents, information, or evidence related to You or Your Plan Services or transmitted, received, or stored through an Account; (ii) the provision of legal or other counsel; or (iii) the provision of assistance, cooperation, or information beyond that which is directly and specifically related to NuWave Communications’s fulfillment of its obligations under these TOS or pursuant to applicable law.

For the avoidance of doubt, except as provided herein or required by Law, NuWave Communications is not obligated to: (i) determine, prove, or disprove any fact or claim; (ii) pursue or defend against any claim, allegation, action, lawsuit, demand, or proceeding; (iii) substantiate any party’s compliance with any Law or Legal Process; (iv) respond to or comply with any request or demand; (v) identify any party; or (vi) conduct any surveillance.

D. Export of Data

You acknowledge and agree that: (i) any stored Customer Communications, stored Customer Personal Information or Account Data, or other information or materials that You export will not be under NuWave Communications’s control and will not be subject to or protected by NuWave Communications’s security controls; (ii) linking or integrating Your Plan Services or Accounts(s) to or with any external service, environment, account or repository (including without Dropbox, Box, Google Drive™, and OneDrive®) constitutes such exportation and NuWave Communications shall have no responsibility for, and makes no representation or warranty regarding, the security, privacy, or functionality of any such linked or integrated external service, environment, account or repository. You any Your End Users, as applicable, shall comply with all applicable Law relating to the use, disclosure, access, or export of data from Your Account(s).

E. Release.

You hereby release, discharge, and hold harmless NuWave Communications from and against any and all liability relating to or arising from its acts or omissions in accordance with this Section entitled “Treatment of Customer Communications, Content, and Account Data.”

A. No Storage of Personal Health Information.

You acknowledge and agree that the use of Plan Services other than on the HIPAA Conduit Setting as described in Section B are not designed, intended, or recommended for use as a repository or means by which to store “protected health information,” as defined under the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act, and similar legislation in other jurisdictions, and the regulations promulgated pursuant thereto (such laws and regulations, “HIPAA”; such information, “PHI”) on a non-temporary basis, and You represent and warrant that neither Your Plan Services nor any ancillary product or service that is a part thereof will be used for such purpose. NuWave Communications SPECIFICALLY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT YOUR PLAN SERVICES, THE ACCOUNT(S), OR THE PRODUCTS (OR THE USE OF ANY OF THE FOREGOING BY ANY PARTY) COMPLIES OR WILL COMPLY WITH HIPAA OR ANY OTHER LAW OR WILL RENDER ANY PARTY COMPLIANT WITH HIPAA OR ANY OTHER LAW.

B. Operation of NuWave Communications HIPAA Conduit Setting; Consequences of Activation

NuWave Communications offers a HIPAA Conduit Setting for its United States based customers. You acknowledge that:

  • I. activation of the NuWave Communications HIPAA Conduit Setting may result in automatic and permanent deletion from the applicable Account(s) of Customer Communications that are stored in those Account(s) and that are thirty (30) or more days old;
  • II. if any Customer Communications that are thirty (30) or more days old are currently stored in the applicable Account(s), they may be permanently deleted from such Account(s), and such deletion may occur as soon as immediately after activation of the NuWave Communications HIPAA Conduit Setting;
  • III. the deletion functions described above may permanently delete Customer Communications such that they are not retained by NuWave Communications in any form (including on any back up or disaster recovery system); and
  • Ⅳ. the HIPAA Conduit Setting will disable attachment of voicemail, SMS, and facsimile/internet facsimile messages to message notification emails sent by NuWave Communications in connection with any such Accounts.
  • Ⅴ. The HIPAA Conduit Setting will disable message notification emails of any Glip messages.

C. Release.

You hereby release, discharge, and hold harmless NuWave Communications from and against any and all liability relating to or arising from its acts or omissions in accordance with this Section entitled “NuWave Communications and HIPAA.”

The Account owner shall be the legal entity (e.g., corporation, partnership, individual) that signs up for the Plan Services with NuWave Communications. If no legal entity is provided upon sign-up, the Account owner shall be the owner of the credit card used to open the Account. Subsequent changes to ownership must be supported by appropriate legal documentation.

A. Account Disputes

You agree that in no event shall NuWave Communications be obligated to – and in no event shall You request that NuWave Communications – participate in or act as the arbiter, adjudicator, or intermediary with respect to any claim or dispute relating to the ownership or control of, or rights relating to, Your Plan Services, any Account, any numbers assigned to an Account, or any Account Data or other information related to an Account or Your Plan Services (“Account Ownership Disputes”). In the event of any Account Ownership Dispute, NuWave Communications is authorized to take any course of action that it deems to be appropriate, including without limitation declining to take any action.

B. Access to Account Data or Customer Communications

As permitted or required by Law, NuWave Communications may access, monitor, use or disclose Your Account Data, Customer Communications, and/or Customer Personal Information for the purposes including but not limited to (i) comply with the Law or respond to lawful requests or legal process; (ii) protect the rights or property of NuWave Communications, NuWave Communications’s agents, NuWave Communications’s Affiliates, NuWave Communications’s customers, and other third-parties including to enforce NuWave Communications’s agreements, policies and terms of use; (iii) respond to emergencies; (iv) initiate, render, bill, and collect for services; or (v) facilitate or verify the appropriate calculation of Taxes, fees, or other obligations due or pursuant to a local, state, provincial, federal, or foreign government requirement.

C. Release

You agree to release, discharge, and hold harmless NuWave Communications from and against any and all liability relating to or arising from their acts or omissions related to any Account Ownership Dispute or in seeking to comply with any Law or any Legal Process.

If You have a customer support issue, You may visit https://www.nuwave.com or open a case with NuWave Communications Global Customer Care (“Customer Care”) at https://www.nuwave.com. Any End User contacting Customer Care may be required to provide certain verifying information (e.g., the answer to a security question on file) to receive support from Customer Care, and Customer Care may limit the level of support that it will provide or scope of information that it will disclose or confirm to any inquiring End User based on the scope of his or her Account rights or permissions.

A. Basic Customer Support Services

NuWave Communications will make basic customer support available to its customers via its call center, which will be available to attempt to resolve technical issues with and answer questions regarding the implementation or use of the Plan Services. Basic customer support services shall not include, and NuWave Communications shall have no obligation hereunder to perform, any of the following: (i) on-site support; (ii) implementation of any software or hardware; (iii) configuration of any device; (iv) dedicated representative support; or (v) network or third party equipment support.

For clarity, any customer with more than two hundred fifty (250) employees shall be responsible to provide Helpdesk support to End Users. Helpdesk support (hereinafter “Helpdesk”) means the logging of calls, managing End User’s relations and answering initial inquiries including technical questions about the Plan Services that require an explanation of a feature, function, error message, installation or system administration. The Helpdesk support will be responsible to take and evaluate a reported technical issue, resolve any issue within its control, and when unable to fix the problem, may route the issue to NuWave Communications. Helpdesk will act as the interface between NuWave Communications and the End Users. NuWave Communications may require customer’s Helpdesk support personnel to complete a series of training courses on NuWave Communications’s products.

B. Premium Customer Support Services

Additional premium customer support services are available to customers who have at least two hundred fifty (250) employees, at an additional cost and subject to additional terms and conditions related to NuWave Communications’s professional services. Please contact your sales representative or Customer Care to inquire about implementation services or premium support services.

C. Customer Support Surveys and Feedback

From time to time, NuWave Communications may send its customers surveys, comment cards, customer satisfaction forms, or other requests to provide feedback. You hereby grant NuWave Communications, its licensors, and suppliers a perpetual, unlimited, worldwide fully-paid up, royalty free license to use all feedback, answers, ideas, comments, or other information You provide to NuWave Communications in response to any such requests.

If You have subscribed to NuWave Communications’s Global Office (“RGO”), this section sets forth additional terms and conditions concerning RGO.

Additional updates or notices related to Your services in RGO countries are available at https://www.nuwave.com/contact-us/

A. Registered Address Required.

A Registered Address is required in most jurisdictions. You and Your End Users shall use the Plan Services at the Registered Address provided for the relevant Digital Line.

B. Emergency Service Limitations.

NuWave Communications provides access to emergency calling services in many, but not all, countries in which RGO is available, allowing most NuWave Communications Office Users to access Emergency Services (911 in the United States and Canada, 999/112 in the United Kingdom and throughout the European Union, 999/995/993 in Singapore, and any other applicable Emergency Services number). Your access may differ depending on Your location or the device You are using, and it works differently than You may have experienced using traditional wireline or wireless telephones. Access to emergency calling services in RGO countries, where available, is subject to the limitations set forth in Section 1 (Operation and Limitations of the NuWave Communications 911 Service) above. It is strongly recommended that You have an alternative means for placing emergency calls available at all times.

C. Disclaimer of Liability for Emergency Services in RGO Countries.

You represent and warrant that You have made available and will maintain at all times traditional landline and/or mobile network telephone services that will enable users of Your Plan Services to call 911/112/999 and/or any other applicable Emergency Services number. You represent and warrant that You will not use the Plan Services in environments requiring fail-safe performance or in which the failure of the Plan Services could lead directly to death, personal injury, or severe physical or environmental damage.

Accordingly, You agree that NuWave Communications shall not be responsible or liable for—and agree to fully, finally, and forever release, discharge, indemnify, and hold harmless NuWave Communications from and against any claim based on, resulting from, or relating to—any acts or omissions related to the handling of, or not handling of, or response, or lack of response, to any emergency call or other communication in connection with the RGO service.

D. RGO Service Provided in Connection with Home Country Service.

NuWave Communications will provide RGO Service to You only in connection with Your Plan Service in the Home Country. You represent and warrant that: (i) You have a presence in the Home Country and will continue to have a presence in the Home Country throughout the term of these TOS; and (ii) that Your purchase of RGO Service is in connection with Your subscription to Plan Services in the Home Country. NuWave Communications may immediately terminate Your RGO Service if You no long have any lines or Plan Service in the Home Country.

You acknowledge and agree that all billing for the RGO service will be done in the Home Country using the Home Country’s currency. Customer agrees, at all times during the term of these TOS, to provide a billing address located in the Home Country.

You acknowledge and agree that all documentation, licenses, and services in connection with RGO Service will be provided only in English and governed by the Law of the Home Country.

E. Relationships with Local Providers.

In connection with the provision of the Global Office Services, NuWave Communications relies on local providers to supply certain regulated communication services to you, for example (1) for the provision of local telephone numbers within local jurisdictions, (2) to enable you to place local calls within local jurisdictions, and (3) to enable You to receive calls from non-NuWave Communications numbers on Your Global Office telephone number, by connecting with the local public switched telephone network. You hereby appoint NuWave Communications as your agent and attorney, and such appointment is coupled with an interest and is irrevocable, to conclude and enter into agreements with Local Partners on your behalf to obtain such services from the local provider.

Compliance with the terms of this Agreement is essential to legally obtaining Global Office services. You represent and warrant at all times that you shall not do or omit to do anything which may cause NuWave Communications to breach or violate any applicable Law, or otherwise expose NuWave Communications to liability.

A. Erroneous Product Information

In its marketing, advertising, offering, and sale of the Plan Services, NuWave Communications attempts to describe the Plan Services as accurately as possible. Nevertheless, NuWave Communications does not warrant that any such information about Plan Services, including related software and hardware, is accurate, complete, reliable, current, or error-free. It is possible that such may be inaccurate or out-of-date, such as listing erroneous or out-of-date pricing information or referring to services or features that are no longer available. Such information is provided only for customers’ convenience and is not part of these TOS, any agreement for the purchase of Plan Services, or any other agreement with NuWave Communications.

B. NuWave Communications Communications

You agree that NuWave Communications may send, or have sent, to You, Account Administrators, contacts, and/or End Users Service Communications, and Marketing Communications. NuWave Communications shall not send Marketing Communications to You or Your End Users without providing prior notification and the right to opt out. You hereby consent to NuWave Communications’s distribution of Service and Marketing Communications in accordance with this Sub-Section 15(B) entitled “NuWave Communications Communications”. In the event that You or any End User provides NuWave Communications with any feedback, answers, ideas, comments, or other information in connection with any of the foregoing communications, You hereby grant NuWave Communications a perpetual, irrevocable, unlimited, worldwide, fully-paid up, royalty free right and license to use the same.

C. Directory Listing Service

You acknowledge and agree that in the event that You subscribe to the NuWave Communications directory listing service, the information that You provide in connection with such subscription (i) may be used or reproduced by, or disclosed to, third-parties and otherwise made publicly available, (ii) NuWave Communications may not be able to have such information or listing removed, altered, updated, or corrected, and (iii) You and End Users may receive calls, messages, mailings, and other communications from third parties as a result of Your participation in the NuWave Communications directory listing service. You represent and warrant that all information provided by You or any End User related to any subscription to the NuWave Communications directory listing service will be true, accurate, and up-to-date and that You shall promptly update any such information in the event that it changes or becomes inaccurate. You hereby authorize and grant NuWave Communications a worldwide, irrevocable, non-exclusive, royalty-free, fully paid-up license to use, disclose, transmit, publish, or publicize, in any medium or technology now or hereafter available, all information that You provide in connection with subscribing to, participating in, or using the NuWave Communications directory listing service. You hereby release, discharge, and hold harmless NuWave Communications from and against any and all liability relating to or arising from any publication or listing of information in connection with Your subscription to the NuWave Communications directory listing service and any third party’s use of the same.

Pursuant to the Digital Millennium Copyright Act of 1998 (17 U.S.C. § 512) (the “DMCA”) upon good faith belief that copyrighted content transmitted via NuWave Communications is infringed, the copyright owner or its agent may send NuWave Communications a notice requesting removal of the infringing content or blocking access to it. Also, the DMCA allows a party against whom a notice of copyright infringement has been filed to submit a counter-notice. Notices and counter-notices must meet the then-current statutory requirements implemented by the DMCA. Notices and counter-notices may be sent to NuWave Communications’s registered copyright agent at the following postal address or optionally our email address:

  • NuWave Communications, Inc.
  • 8275 S. Eastern Ave, Suite 200,
    Las Vegas, NV 89123
    USA
  • legal@nuwave.com

The notice must include: (i) an electronic or physical signature of the owner (or person authorized to act on behalf of the owner) of the copyrighted work; (ii) a description of the copyrighted work that is claimed to have been infringed upon; (iii) information reasonably sufficient to permit NuWave Communications to locate the copyrighted work; (iv) address, telephone number, and e-mail address of the owner of the copyrighted work; (v) a statement by the owner of the copyrighted work or its agent asserting good-faith belief that the use in question is not authorized by the copyright owner, its agent, or the Law; and (vi) a statement by the owner of the copyrighted work or its agent, made under penalty of perjury, that the foregoing information in the notice is accurate and affirming ownership of the copyright or authorized to act on the copyright owner’s behalf.

Any notice or counter-notice must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. Parties should seek the advice of legal counsel before submitting a notice or counter-notice. Upon receipt of the notice, NuWave Communications may make a good faith attempt to transmit the notice to the party who has transmitted or received the allegedly infringing copyrighted work, and to transmit any counter-notification to the complaining party. NuWave Communications may, at its sole discretion, suspend, terminate, or disconnect ’s access to and use of the Plan Services or Account if it is deemed that such party has engaged in more than one instance of copyright infringement.

A. Limited License.

NuWave Communications grants You and Your End Users a limited, personal, revocable, non-exclusive, non-sub-licensable, non-assignable, non-transferable, non-resellable license to use the software and hardware provided in conjunction with the Plan Services during the Term in strict accordance with these TOS and solely for Your own internal business use. In the event of any expiration or termination of your subscription to the NuWave Communications Plan Services or termination of pursuant to these TOS, all license rights granted herein or in connection with any software or hardware provided under these TOS, immediately terminate. Any IP Rights in the Plan Services or in any technology used in the provision thereof are and shall remain the sole and exclusive property of NuWave Communications and its licensors. All rights not expressly granted herein are reserved and retained by NuWave Communications and its licensors, and no IP Rights or other rights or licenses are granted, transferred, or assigned to You, any End User, or any other party by implication, estoppel, or otherwise. You acknowledge that misuse of the Plan Services may violate third party IP Rights in the software and/or hardware provided in conjunction with the Plan Services. You may not use or disclose any Intellectual Property or IP Rights in the Plan Services or any hardware or software related to the same except as expressly contemplated by this section.

B. NuWave Communications’s IP Rights.

You agree that all rights, title and interest in and to all Intellectual Property in the Plan Services, any software or hardware used in conjunction with the Plan Services, and any materials provided in connection with the Plan Services are owned exclusively by NuWave Communications or its licensors. Except as expressly provided herein, the limited license granted to You under the Plan Services does not convey any ownership or other rights, express or implied, in the Plan Services, any materials provided in connection with the Plan Services, or in any Intellectual Property.

C. Use and Disclosure of Intellectual Property.

You represent, warrant, covenant and agree that You shall not disclose or use any of the Intellectual Property in the Plan Services, any software or hardware used in conjunction with the Plan Services, or any marketing materials for any purpose following termination of the Plan Services or the limited license granted thereunder to use the Plan Services. You further represent and warrant that neither You nor any End User shall reverse engineer, disassemble or decompile any prototypes, software or other tangible object which embody NuWave Communications’s Intellectual Property.

D. New Versions of the Software

NuWave Communications, in its sole discretion, reserves the right to add, remove, or modify features or functions, and to provide fixes, updates and upgrades to the Plan Services without notification to you. You acknowledge and agree that NuWave Communications has no obligation to make available to You any subsequent versions of the Plan Services; provided, however, NuWave Communications shall make available to You any such features, functions, fixes, updates and upgrades and subsequent versions of the Plan Services that NuWave Communications makes generally available at no additional charge to customers who subscribe to the same edition of the Plan Services purchased by You. In addition, You and NuWave Communications acknowledge that no third-party has any obligation whatsoever to furnish maintenance or support services with respect to the Plan Services and that NuWave Communications is solely responsible for the provision of maintenance and support as provided in these TOS and to the extent such maintenance and support is required under applicable Law.

E. Publicity Rights

You agree that NuWave Communications may identify You as a user of the Plan Services in its business deals, press releases, marketing materials, electronic, printed, and broadcast advertising, newsletters, mailings, tradeshows, other promotional materials, on NuWave Communications’s website, or any other third-party website where NuWave Communications or its designated agents may promote the Services. You hereby grant NuWave Communications and its agents an irrevocable, perpetual, worldwide, non-exclusive, fully paid-up, royalty-free license (with right to sublicense) to use, reproduce, publish, and display Your name, trademarks, service marks, designs, logos, and symbols in connection with such purpose.

A. Service Changes

You understand and agree that NuWave Communications may make upgrades or changes to the Services which will not materially diminish the functionality of the Services without prior notice to You. In the event that a change to the Services would, in NuWave Communications’s reasonable discretion and judgment, permanently and materially diminish or impair the functionality of the Services (a “Change”), and such Change is unacceptable to You, You may terminate the Services without penalty within thirty (30) days of becoming aware of the Change by calling NuWave Communications at 888-368-9283. Any use of the Services after the such date will be deemed Your acceptance of the Change.

B. Future Changes to these TOS

We may change the terms of these TOS from time to time upon delivery of electronic or written notices to You. NuWave Communications generally provides written notice of changes to Your account, including these TOS and any other legal agreements, via email, electronic notice on the NuWave Communications Website or Your Account Page, or on Your billing statements, or as otherwise required by applicable Law. You agree to carefully read and review each such e-mail notice, electronic notice, and billing statement from NuWave Communications fully regarding any such notices of changes to Your Account.

Subject to applicable Law, the modified terms shall replace and supersede all previously agreed to electronic and written terms, as well as any prior versions of these TOS and become binding on You on the later of the date they are posted on the NuWave Communications website (www.nuwave.com) or as otherwise indicated in the notice to You. You agree that You are solely responsible for: (i) making sure that Your registered email account is current and functional: (ii) checking Your registered email account regularly; (iii) checking the NuWave Communications Website and Your Account page regularly; and (iv) making sure that NuWave Communications communications are not blocked or rendered undeliverable by You, Your computer, any software installed on Your computer, Your Internet service provider, or for any other reason. Continued use of the Plan Services will constitute Your acceptance of the modified terms. If the terms of these TOS are amended and You do not wish to accept the modified terms, You may terminate these TOS as provided for in Section 19 entitled “Termination”.

C. Promotional Services

You acknowledge and agree that in the event that NuWave Communications offers or provides You discounts or promotional services for Your Plan Services or an Account, NuWave Communications may terminate or modify the scope of such promotional services at any time without notice, unless NuWave Communications specifically agrees otherwise in writing in connection with its provision of the discounts or promotional services.

A. Monthly Plan Customers.

For monthly plan customers, You may cancel or terminate Your use of the Plan Services with or without cause at any time by calling customer service at 888-368-9283, subject to the restrictions and fees provided in these TOS, and any additional agreements governing the products or services.

B. Annual Plan Customers.

For annual plan customers, You are purchasing the Plan Service for the full length of the applicable Term. You have thirty (30) days from the date of purchase for a prorated refund. After thirty (30) days, if You terminate the Plan Services prior to the end of Your Term, subject to applicable Law, You are responsible for all charges for any remaining time left on the Term as if You remained a customer through the end of the then-current Term, including, without limitation, outstanding charges, unbilled charges, Taxes, and fees, including any applicable disconnection fee. In addition, You will not be entitled to a refund for any unused portion of prepaid Term charges.

C. Generally.

You understand and agree that NuWave Communications may at any time, and without additional notice to You, terminate, modify, suspend, disconnect, discontinue, or block access to some or all of the features of the Plan Services if :

  • I. NuWave Communications determines or reasonably suspects that You have materially breached these TOS;
  • II. NuWave Communications determines that You have created or caused to be created multiple free accounts;
  • III. NuWave Communications determines that You have used a fraudulent credit card to pay for Service charges on Your Account;
  • IV. NuWave Communications determines that You have verbally insulted, abused, or harassed any of its employees, contractors, agents, or other representatives;
  • V. You did not or will not reasonably comply or cooperate with any applicable Law or regulation, or NuWave Communications is made aware of allegations of the same;
  • VI. NuWave Communications is ordered by law enforcement or other government agencies to suspend or terminate Service to Your Account;
  • VII. You bring any legal action or proceeding, including without limitation in any court, regulatory, or administrative body, arbitral body, or mediator, against NuWave Communications, or participate in any class action lawsuit against NuWave Communications;
  • VIII. Except to the extent prohibited by applicable Law, You file a petition in bankruptcy or if a petition in bankruptcy is filed against You and such petition is not dismissed within thirty (30) days after the effective filing date thereof, or a trustee or receiver is appointed over any of Your relevant property;
  • IX. NuWave Communications determines that such action is necessary to protect, maintain, or improve the Services; to prevent fraud or misrepresentation by affirmative acts and/or omissions; to protect NuWave Communications, its customers, or other third parties affiliated with NuWave Communications; or for any other good cause;
  • X. You violate applicable Law; or
  • XI. As otherwise contemplated by these TOS.

Upon any termination or suspension of Your Account, NuWave Communications may immediately deactivate or delete Your Account and all related information and files in Your Account and/or restrict any further access to such files, information, or the Plan Services.

NuWave Communications shall not be liable to You or any third party for any reason for terminating or suspending Your use or access to the Plan Services.

If You or NuWave Communications terminate or suspend Your right to use the Services, You shall not be entitled to any refund or pro ration of any pre-paid amounts, Account Credits, or other amounts paid to NuWave Communications prior to the termination or suspension date.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLAN SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND NuWave Communications MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE, TOGETHER WITH SIMILAR WARRANTIES, WHETHER ARISING UNDER ANY LAW OR OTHERWISE. SPECIFICALLY AND WITHOUT LIMITING THE FOREGOING IN ANY WAY, NuWave Communications SPECIFICALLY DISCLAIMS ANY WARRANTY: (i) THAT ANY PRODUCT WILL MEET ANY PARTICULAR REQUIREMENTS; (ii) THAT ANY PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT ANY DEFECTS IN ANY PRODUCT WILL BE CORRECTED; OR (iii) RELATING TO THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF YOUR OFFICE PLAN, ANY ACCOUNT, OR ANY PRODUCT OR ANY CUSTOMER COMMUNICATIONS, DATA, INFORMATION, OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF ANY OF THE FOREGOING. THE PARTIES AGREE, AND IT IS THEIR INTENTION, THAT IN NO EVENT SHALL ANY WARRANTY PROVIDED BY LAW APPLY UNLESS REQUIRED TO APPLY BY APPLICABLE STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. TO THE EXTENT THAT NUWAVE COMMUNICATIONS CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT NuWave Communications CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

A. Consequential Damages

IN NO EVENT SHALL NUWAVE COMMUNICATIONS BE LIABLE TO YOU OR ANY THIRD PARTY FOR COSTS OF PROCUREMENT, COVER, OR SUBSTITUTION GOODS OR SERVICES; LOSS OF USE, DATA, EQUIPMENT, PRODUCTS, BUSINESS OPPORTUNITIES, OR PROFITS; INTERRUPTION OF BUSINESS; TRANSACTIONS ENTERED INTO OR NOT ENTERED INTO; OR SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, REPUTATIONAL, OR PUNITIVE DAMAGES OF ANY KIND, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER THEORY OF LIABILITY, EVEN IF NUWAVE COMMUNICATIONS HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF – OR COULD HAVE FORESEEN — SUCH COSTS, LOSSES, OR DAMAGES.

B. Direct Damages Cap

EXCEPT AS SET FORTH BELOW, NUWAVE COMMUNICATIONS’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE PLAN SERVICES FEES PAYABLE HEREUNDER DURING THE ONE (1) MONTH IMMEDIATELY PRIOR TO THE DATE OF THE EVENT(S) GIVING RISE TO THE LIABILITY. THE LIMITATION OF LIABILITY SET FORTH IN THIS SUB-SECTION DOES NOT APPLY TO: (i) LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR (ii) YOUR LIABILITY ARISING FROM YOUR ACTUAL OR ALLEGED BREACH OF SECTIONS 1 (OPERATION AND LIMITATIONS OF THE NuWave Communications 911 SERVICE), 5 (USE POLICIES), 6 (NUMBER POLICIES), OR 3 (CUSTOMER SECURITY POLICY) OF THESE TOS.

C. Scope and Exceptions

THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION ENTITLED (LIMITATION OF LIABILITY):

  • I. SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW,
  • II. SHALL NOT DISCLAIM, LIMIT, OR CAP CUSTOMER’S OBLIGATION TO PAY ANY FEES OR CHARGES OR OTHER AMOUNT OWED TO NUWAVE COMMUNICATIONS OR ANY DAMAGES TO WHICH NuWave Communications IS ENTITLED UNDER APPLICABLE LAW FOR INFRINGEMENT OF IP RIGHTS,
  • III. REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES, AND
  • IV. SHALL SURVIVE TERMINATION OR EXPIRATION OF THE PLAN SERVICES AND APPLY IN ANY AND ALL CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION IN THE EVENT OF ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY PROVIDED HEREIN.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

To the maximum extent permitted by applicable Law, You shall indemnify and hold harmless, individually and collectively, NuWave Communications, its affiliates, agents, resellers, and other providers who furnish goods and services to You in connection with the Services, and their officers, directors, managers, employees, and shareholders (the “Indemnified Parties“) from and against any and all liability, claims, losses (including loss of profits, revenue and goodwill), damages, fines, penalties, injuries to persons or property, costs, and expenses (including reasonable attorneys’ fees and dispute resolution expenses) arising from or related to: (i) the use of or reliance upon the Plan Services by You or any third party acting with Your permission, knowledge, authority or direction; (ii) a breach of these TOS by You, or any End User; (iii) any negligent acts, omissions to act or willful misconduct by You or any third party acting with Your permission, knowledge, authority or direction; (iv) the inability to use the Plan Services or failure or outage of the Plan Services for any reason, including but not limited to those related to calling, “911” or other emergency responders; (v) the use of the Plan Services in connection with a violation of any applicable law, code, regulation, or ordnance; or (vi) the misappropriation, breach, violation, or infringement of any right, title or interest of any third party, including but not limited to, contractual rights, Intellectual Property rights, rights of privacy, and rights of publicity and personality.

A. Limited License.

NuWave Communications grants You and Your End Users a limited, personal, revocable, non-exclusive, non-sub-licensable, non-assignable, non-transferable, non-resellable license to use the software and hardware provided in conjunction with the Plan Services during the Term in strict accordance with these TOS and solely for Your own internal business use. In the event of any expiration or termination of your subscription to the NuWave Communications Plan Services or termination of pursuant to these TOS, all license rights granted herein or in connection with any software or hardware provided under these TOS, immediately terminate. Any IP Rights in the Plan Services or in any technology used in the provision thereof are and shall remain the sole and exclusive property of NuWave Communications and its licensors. All rights not expressly granted herein are reserved and retained by NuWave Communications and its licensors, and no IP Rights or other rights or licenses are granted, transferred, or assigned to You, any End User, or any other party by implication, estoppel, or otherwise. You acknowledge that misuse of the Plan Services may violate third party IP Rights in the software and/or hardware provided in conjunction with the Plan Services. You may not use or disclose any Intellectual Property or IP Rights in the Plan Services or any hardware or software related to the same except as expressly contemplated by this section.

B. NuWave Communications’s IP Rights.

You agree that all rights, title and interest in and to all Intellectual Property in the Plan Services, any software or hardware used in conjunction with the Plan Services, and any materials provided in connection with the Plan Services are owned exclusively by NuWave Communications or its licensors. Except as expressly provided herein, the limited license granted to You under the Plan Services does not convey any ownership or other rights, express or implied, in the Plan Services, any materials provided in connection with the Plan Services, or in any Intellectual Property.

C. Use and Disclosure of Intellectual Property.

You represent, warrant, covenant and agree that You shall not disclose or use any of the Intellectual Property in the Plan Services, any software or hardware used in conjunction with the Plan Services, or any marketing materials for any purpose following termination of the Plan Services or the limited license granted thereunder to use the Plan Services. You further represent and warrant that neither You nor any End User shall reverse engineer, disassemble or decompile any prototypes, software or other tangible object which embody NuWave Communications’s Intellectual Property.

D. New Versions of the Software

NuWave Communications, in its sole discretion, reserves the right to add, remove, or modify features or functions, and to provide fixes, updates and upgrades to the Plan Services without notification to you. You acknowledge and agree that NuWave Communications has no obligation to make available to You any subsequent versions of the Plan Services; provided, however, NuWave Communications shall make available to You any such features, functions, fixes, updates and upgrades and subsequent versions of the Plan Services that NuWave Communications makes generally available at no additional charge to customers who subscribe to the same edition of the Plan Services purchased by You. In addition, You and NuWave Communications acknowledge that no third-party has any obligation whatsoever to furnish maintenance or support services with respect to the Plan Services and that NuWave Communications is solely responsible for the provision of maintenance and support as provided in these TOS and to the extent such maintenance and support is required under applicable Law.

E. Publicity Rights

You agree that NuWave Communications may identify You as a user of the Plan Services in its business deals, press releases, marketing materials, electronic, printed, and broadcast advertising, newsletters, mailings, tradeshows, other promotional materials, on NuWave Communications’s website, or any other third-party website where NuWave Communications or its designated agents may promote the Services. You hereby grant NuWave Communications and its agents an irrevocable, perpetual, worldwide, non-exclusive, fully paid-up, royalty-free license (with right to sublicense) to use, reproduce, publish, and display Your name, trademarks, service marks, designs, logos, and symbols in connection with such purpose.

Pricing is packaged based on a bundle of local and long distance services. By signing the NuTeams Agreement, Customer agrees to pay all applicable port, loop and equipment MRC charges in advance, and any usage/overage charges in arrears. Customer’s first bill shall include pro-ration of first month’s service, as well as any NRC’s not previously paid. In the event Customer terminates this Agreement prior to the end of the initial term or any renewal thereafter, or has service discontinued for failure to pay, Customer will be liable for all monthly charges for the number of months remaining in the Agreement. All local loop circuit install charges are quoted with install to the Local Exchange Carrier assigned building demarcation point (Demarc) and additional Demarc Extension, as per Order Form. NuWave will pass through any costs associated with extending wiring beyond the Demarc. In conjunction with the services ordered, NuWave may provide Customer with Customer Premises Equipment (CPE). If service is terminated for any reason, Customer must return all NuWave provided equipment within 30 days of termination, or Customer will be billed for the full new cost of the equipment. NuWave will monitor Customer monthly call distribution and identify excessive traffic originating from or terminating to a High Cost Area (“HCA”), defined as high-cost LATAs/OCN’s and certain non-Regional Bell Operating Company served telephone numbers. NuWave shall apply a surcharge of up to $0.04 per minute of use to the number of minutes by which Customer’s HCA and Non-RBOC outbound terminations and inbound originations exceed usual and customary call patterns for business users (“The HCA Surcharge”). NuWave will use terminating information in the call stream data, including any Number Portability Databases available, to determine the terminating location and Operating Company Number (“OCN”). For jurisdictional determination, if the originating information (e.g., calling party number) is available (“Origination Information”), NuWave will use that data and the Termination Information within each call record to determine jurisdiction (Local, Local Toll, Intrastate Long Distance or Interstate Long Distance), and will assign each call the applicable rate from Customer’s rate schedule. If the Origination Information is not available, not a valid ANI, or is unable to be determined, NuWave will consider the call of “Indeterminate Jurisdiction” and will assign Intrastate Long Distance rates. The International Rate Plan Number above refers to a set of country-specific rates defining costs to each International dialed location. Customer requests to block International calling does not relieve Customer from liability for all completed calls made utilizing Customer’s equipment, whether authorized or unauthorized. Customer may not use service for prohibited uses, including but not limited to auto-dialing, voice or fax broadcasting, inbound or outbound call center activity, resale of services, or other similar uses. See NuWave’s terms of service for a complete list of prohibited uses. Excessive outbound or inbound local calling which is not consistent with usual and customary business use or a prohibited use shall be subject to an overage charge of $0.029 per minute. Rating of outbound calls as Local applies only to calls that utilize telephone numbers assigned by NuWave or that have been ported to NuWave’s service as the originating ANI, and are displayed accordingly in the Caller ID field. Unlimited Long Distance plans are subject to NuWave’s Acceptable Use policy. NuWave shall not replace, and Customer shall be responsible for the full cost of replacement of NuWave provided equipment and phones in the event of damage. All services provided to Customer by NuWave are governed by the terms of a Service Agreement, which may be found at www.nuwave/company/policies/and NuWave’s. This Agreement represents the entire agreement between the Parties and supersedes and merges all prior offers, agreements, promises, understandings, statements, representations, warranties, indemnities and inducements to the making of this Agreement relied upon by either Party, whether written or oral, between or among Customer and NuWave as well as NuWave’s agents, employees, and/or sales persons. This Agreement is voidable by NuWave if the text is modified without the written or initialed consent of a NuWave Officer. Except as may otherwise be provided herein, any amendments or modifications to this Agreement must be in writing and signed by an NuWave Officer. This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada. Customer hereby irrevocably submits to the personal jurisdiction of any state or federal court sitting in the State of Nevada, Clark County, in any suit, action, or proceeding arising out of or relating to this Agreement. Customer hereby irrevocably waives, to the fullest extent permitted by applicable law, any objection which such party may raise now, or hereafter have, to the laying of the venue of any such suit, action or proceeding brought in such court and any claim that any such suit, action or proceeding brought in such a court has been brought in an inconvenient forum. Customer hereby expressly waives the right to a trial by jury in any action or proceeding brought against customer relating to this agreement. Upon completion of any initial or renewal term commitment, any disconnection request by customer must be provided in writing 45 days prior to the requested disconnection date. Customer agrees that NuWave may request credit information from third parties and authorizes the release of such information as part of this application

TERMS AND CONDITIONS

Customer is Aware of and Agrees That:

1.) This solution requires specific Network & Equipment configurations between the client and the service provider. Client side configurations are the responsibility of the Customer.

2.) Customer should ONLY include a Drop Dead Date if there is an actual date when the service ordered MUST be installed (e.g. move to a new location). Including a Drop Dead Date when it is not really necessary will result in an order processing delay. In addition, an order with a Drop Dead Date that is less than the standard timeframe will be rejected if it is not accompanied by the appropriate (Paid) Expedite Request & Fee Authorization Form.

3.) NuWave requires that the Customer provide a complete list of all phone numbers to be ported. Numbers omitted from the list may result in those numbers not being ported at the time of circuit turn-up. NuWave will attempt to retrieve CSRs from the existing carrier(s), but cannot guarantee such. Customer agrees to provide NuWave with complete CSRs, if requested.

4.) Customer may purchase up to 20 additional Virtual Private Numbers. Virtual Private Numbers are not eligible for phones and may only be used as additional call appearances on a user device or for pilot numbers, such as Auto Attendant, Hunt Group, Etc.

5.) This product DOES NOT support:
A. Alarm lines
B. Elevator Lines
C. Analog Credit Card processing machines
D. Modems
E. Auto Dialers
F. Predictive Dialers
G. Telemarketing Applications

6.) Fax lines are supported only when customer orders separate fax POTS lines. However, NuWave Fax lines are not designed or guaranteed to support extremely heavy fax applications such as: fax blasting, fax aggregation systems, continuous and consistent high volumes of outbound and inbound faxing. Additionally, while long faxes (defined as faxes of 11 pages or more) are supported, high volumes of long faxes are not recommended. Therefore if customer is not satisfied with the quality of the best efforts fax lines, customer may cancel those fax lines only. However such cancellation shall not release the customer from the remaining commitment of the existing contract.

7.) A qualified IT Network/IP Phone vendor is required. A LAN assessment is recommended to ensure the customer’s LAN can support the implementation. Installation of a separate voice-only LAN may be recommended by your vendor but is not the responsibility of NuWave. The NuWave installation will include no LAN or network cabling.

8.) NuWave is not responsible to trouble shoot voice quality delivered over the customer’s public access.

9.) Service provided to remote users is on a best efforts basis. NuWave is unable to troubleshoot LAN/Connectivity issues for remote users, or any service delivered over customer provided internet access.

10.) Rating of outbound calls as Local applies only to calls that outpulse as the Originating ANI telephone numbers assigned by NuWave or that have been ported to NuWave’s service and are displayed accordingly in the Caller ID field.

11.) Calls forwarded or transferred by Customer to a an external number (e.g. cell phone number, residential number) will be subject to Local or Long Distance charges for the outbound leg of the call.

12.) Excessive call traffic to/from High Cost Areas (HCA) shall have a surcharge of up to $0.04 per minute of use applied to the number of excess minutes by which the Customer’s HCA traffic exceed usual and customary call patterns for business users.

13.) Billing start date for loop and port is the earlier of first call date or 14 days after loop acceptance, regardless of whether all services have been turned up.

14.) Emergency calling terms and conditions – Https://docs.microsoft.com/en-us/microsoftteams/emergency-calling-terms-and-conditions

All capitalized terms used in these TOS shall be defined in accordance with the following definitions or as otherwise defined herein.

  • A. “911-Enabled Softphone” means a Softphone for which the NuWave Communications 911 Service is supported.
  • B. “Account” means the numbered account established with NuWave Communications that contains any of the following information: Your true, accurate, current, and complete personal name or business name, administrator name, billing address, shipping address, the address where the Plan Services will primarily be used, the records of Your Digital Lines, subscriptions, and any Plan Services that You have purchased from NuWave Communications. Multiple services, Digital Lines, or End Users may be included in a single account.
  • C. “Account Data” means Registration Information, and the NuWave Communications-generated logs of calling activity stored within that Account.
  • D. “Account Security Incident” means any actual or suspected unauthorized activity, erroneous billing, or breach or compromise of any Password Information or the security or privacy Your Office Plan, an Account, or any Account Data.
  • E. “Admin Portal” or “Customer Portal” means the website through which the customer enters Registration Information, may purchase and register additional IP Desk Phones or Softphones devices, purchase additional products or services, or make modifications to or control the customer’s NuWave Communications Account in any other way.
  • F. “Customer Communications” means the content of calls, facsimiles, SMS messages, voicemails, voice recordings, conferences or other communications transmitted or stored through the Plan Services.
  • G. “Digital Line” means a digital voice line allowing the placement of external outbound calls and receipt of external direct inbound calls.
  • H. “Embargoed Area” means a country or region that is subject to a Canadian, United States, United Nations, or European Union embargo or economic sanctions, including without limitations destinations designated by Foreign Affairs, Trade and Development Canada, the United States Government in Country Group E or Part 746 of the Export Administration Regulations (15 CFR Part 730-774), or otherwise subject to territorial sanctions under regulations administered by the Foreign Affairs, Trade and Development Canada, the United States Department of the Treasury, Office of Foreign Assets Control, or other governmental authorities with jurisdiction.
  • I. “End Point” means a point through which any End User might access and/or use the Plan Services, including without limitation all IP Desk Phones and all Softphones, instances of the NuWave Communications Mobile or Desktop Applications, and all devices or VoIP infrastructure on which any Softphone or such instance is installed or through which the Plan Services may be accessed or used.
  • J. “End User” means the user of a virtual extension or individual Digital Line set up within an Account or an individual assigned thereto by You or by NuWave Communications at Your direction or request.
  • K. “Export Control List” means any list maintained by the government of Canada, the United States or any other country of entities or individuals that are subject to export controls or economic sanctions, including without limitation the Foreign Affairs, Trade and Development Canada Export Control List, the United States Commerce Department’s Denied Parties List, Entity List, or Unverified List; the United States Department of the Treasury’s or the United States Office of Foreign Assets Control’s Specially Designated National List; Sectoral Sanctions List; Foreign Sanctions Evaders List; and similar lists of entities, organizations, or individuals subject to export control restrictions or economic sanctions that are maintained by other agencies of the Canadian Government, the United States Government, the United Nations, the European Union, or any other governmental authority with jurisdiction.
  • L. “Home Country” means the country in which the relative majority (plurality) of the Digital Lines in Your Plan Services are provided to You, based on the Registered Address for each Digital Line.
  • M. “Intellectual Property” means mean all common law and statutory rights (whether registered or unregistered, or recorded or unrecorded, regardless of method) arising out of or associated with: (i) patents and patent applications, inventions, industrial designs, discoveries, business methods, and processes; (ii) copyrights and copyright registrations, and “moral” rights; (iii) the protection of trade and industrial secrets and confidential information; (iv) other proprietary rights relating to intangible property; (v) trademarks, trade names and service marks; (vi) a person’s name, likeness, voice, photograph or signature, including without limitation rights of personality, privacy, and publicity; (vii) analogous rights to those set forth above; and (viii) divisions, continuations, continuations-in-part, renewals, reissuances and extensions of the foregoing (as applicable).
  • N. “IP Desk Phone” means a telephony hardware device that uses VoIP to place and transmit telephone calls over an IP network.
  • O. “IP Rights” means any and all patents, copyrights, trademarks, service marks, trade secrets, and other Intellectual Property rights in the Plan Services or in any technology used in the provision thereof.
  • P. “Law” means any federal, national, municipal, local, state, or international law, statute, regulation, code, ordinance, or restriction; treaty or convention; or court or administrative ruling.
  • Q. “Legal Process” means any court or administrative order, subpoena, civil investigation demand, warrant, or other official request, order, or process.
  • R. “Marketing Communications” means occasional non-bulk sales-related communications, and any other communications solely or primarily designed to market products.
  • S. “Office Services” means the voice, online meeting, video conferencing, and related services, applications, and product integrations, together referred to as NuWave Communications Office.
  • T. “Office Plan” means the subscription You are purchasing for NuWave Communications Office services.
  • U. “Order” means any physical contract, order form, purchase order, or order for additional services placed through the Admin Portal.
  • V. “Password Information” means any and all passwords, PINs, IVR PIN codes, security questions or answers, and other access-related credentials related to Your Plan Services or an Account.
  • W. “Plan Services” means the services purchased under these TOS or any contract between the customer and NuWave Communications, including but not limited to Office Services, Contact Center Services, Glip Services, NuWave Communications Fax services or NuWave Communications Pro services, and any software or hardware provided by NuWave Communications and used in conjunction with those services.
  • X. “IP Desk Phone” means an IP Desk Phone that has been successfully provisioned to access the Plan Services, through the provisioning process in the applicable Admin or Customer Portal.
  • Y. “Registered Address” means the address of the physical location where You will use the NuWave Communications Office service, including each IP Desk Phone and each 911-Enabled Softphone.
  • Z. “Registration Information” means any information You or Your End Users may be required to provide in order to begin using or to update the Plan Services, activate features, or add or modify an individual line or extension (e.g., activating an Account or End User or provisioning a device).
  • AA. “NuWave Communications Mark” means a United States and foreign trademark, service mark, copyright, or logo of NuWave Communications.
  • BB. “NuWave Communications Mobile Application” the NuWave Communications Office application for mobile devices.
  • CC. “Service Communications” means any communications related in whole or in part to the administration, support, use, Usage, development, or improvement of its services (including without limitation communications related to billing, payment, Usage, purchases and other transactions, Customer Communications, upgrades, updates, installations, new products, security issues, support cases, and/or customer satisfaction
  • DD. “Softphone” means an instance of the NuWave Communications Softphone desktop software application used to access the Plan Services.
  • EE. “Taxes” means all federal, state, provincial, local, and municipal sales, international excise, value-added, transactional, regulatory, and other taxes and assessments and other governmental fees, surcharges, levies or amounts (including without limitation charges related to the recovery of amounts contributed to any contribution, universal service or other governmental fund or entity, whether or not such recovery is mandated by any Law).
  • FF. “Text-to-911” means the ability to send SMS messages to 911.
  • GG. “Third Party Mark” means a United States and foreign trademark, service mark, copyright, or logo of a third party.
  • HH. “Toll-Free Minute” means minutes of usage incurred on toll-free numbers assigned to an Account.
  • II. “Usage” means Toll-Free usage, Local usage, Long-Distance usage, International Usage, and any other usage of an Account that could result in charges for calling, messaging, or other activity.
  • JJ. “Voice/Text Feature” means any functionality or feature of the Plan Services that converts voice content to text content or vice versa.