FAQ for Updated Vonage Premier Terms of Service
Effective Date: October 2, 2017
- Updated Vonage Business Terms?
We have posted an updated version of our Vonage Business Terms and Conditions (“Updated Vonage Premier TOS”) to Vonage’s Legal Policy Page at https://www.vonage.com/business/legal-policy-center/premier/tos/. Once they become effective, these updated Vonage Business Terms will apply to all of the Premier services and equipment ordered by that customer from Vonage Business Inc. They will replace the prior version of the Business Terms and Conditions (dated January 1, 2016), which is available at https://www.vonage.com/business/legal-policy-center/premier/tos-jan2016/.
- What are the changes?
The key changes are summarized and referenced at Summary of Key Changes below.
- Why are we making these changes?
Since we introduced the terms in January 2016, we believed it beneficial to both parties to clarify or add specificity to several terms and address and update other matters which are intended to facilitate the customer experience with Vonage and Vonage Services.
- Will this change my service in any way?
These changes to the Vonage Premier TOS will not affect your current service (including the features and pricing of your current service plan).
Once these new Business Terms are effective, the effect is to change or add terms to the terms of your service contract with Vonage.
- What if my current service contract includes addenda or amendments with terms that amended or supplemented Vonage’s Premier TOS then in effect at the time?
Those amendments and supplemental terms applicable to your current service contract will carry over and continue to apply to the updated Business Terms once they take effect. When applied to the updated Vonage Premier TOS, any such prior amendments and supplemental terms will be construed to reflect and implement the parties’ original intentions, unless you and Vonage Business otherwise agree in writing.
- What about the notice and objection procedures under Section 1 of the current Business Terms?
Section 1 (“Terms and Polices”) of the current Vonage Business TOS describes the procedures for Vonage to provide notice of changes to the Vonage Business TOS. Section 1 also provides a procedure for customers to object to the change by providing written notice to Vonage. By posting these changes to our website, we have provided the required notice. We believe that the changes in the updated Vonage Premier TOS will add clarity to the current Vonage Premier TOS and provide specificity in certain matters regarding Vonage’s services. Accordingly, we do not believe the additional notice and objection procedures called for under Section 1 are triggered by this update.
- When is the updated TOS effective?
The updated TOS is effective as the “Effective Date” noted on the front page of the updated TOS.
- Is there anything I have to do?
There is no action required on your part.
Summary of Key Changes
|Section Changed||Summary of Changes||Section of New Terms||Section of Prior Terms|
|Definitions||Added defined term “Shipping and Handling.”||n/a||n/a|
|Terms and Policies||Modified to provide mechanism for Customer objection to materially adverse changes required to be noticed to Customer.||1||1|
|Sales Order||Modified to provide for the existing change order process (MAC) which can change Sales Order electronically or manually without a formal amendment.||2||2|
|Installation and Equipment||We added terms to (i) clarify Vonage’s right to recover “Special Installation Costs;” (ii) confirm that purchased equipment is not refundable, (iii) clarify that Customer is responsible for the replacement value of all unreturned Vonage Business Equipment upon termination and (iii) outline RMA procedures for returns to manufacturers.||3||3|
|Software||Added provision requiring Customer to download latest updates to Software as required.||4||4|
|Service Term; Termination||For termination prior to the Service Date, “two (2) months” of the forecasted monthly recurring charges or monthly commitment level payments for the Service was increased to “six (6) months.”||5.b||5.b|
|Billing, Credit and Payment||We added definition of “Go-Live Date” and provisions clarifying when Private Circuits are billable, in addition to Customer’s accountability for delaying full installation, including Vonage’s right to bill prior to activation. We clarified that expedited service dates are provided on a reasonable efforts basis. We deleted all reference to security deposits. We clarified that Shipping and Handling Charges may be stated on a Sales Order and become payable. We added that a restoration fee may apply for reinstating suspended Services.||6||6|
|Fraudulent Use of Services||We: (i) added specific requirements regarding Customer’s responsibility to avoid fraudulent use of the Services; (ii) added requirement that Vonage notify Customer of known fraud and (iii) clarified that Customer is not responsible if fraud is result of Vonage gross negligence or willful misconduct||10||10|
|Changes to Services||An added provision provides that Vonage can (i) remove, add, modify or reduce features and functions of the Services, (ii) provide fixes, updates and upgrades to the Services, and (iii) change or replace underlying services, equipment and software, without impact to the parties’ rights and obligations under the Service Level Agreement. Certain changes are subject to notice obligations.FBil||17||--|
|Warranty Disclaimer||We clarified that: (i) the warranty disclaimer does not negate service level agreement (SLA) obligations; and (ii) Services do not support out-dialing systems including home or office security systems, TTY equipment, medical monitoring equipment or satellite television systems; (iii) Vonage Business Services are not considered enabled for HIPAA compliance or used in connection with personal health information except as agreed to in a writing signed by Vonage Business.||19||18|
|Porting||Clarified Customer responsibilities as part of the porting process.||24||23|
|Beta Services and Software||We added provision addressing rights and obligations for yet to be commercially released “beta” service offerings.||25||--|
|Vonage-Provided Telephone Numbers||We clarified that telephone numbers provided by Vonage are leased and not sold. Customer retains no rights in the numbers upon termination of Services. Vonage also has the right to move. Change or cancel Vonage-owned numbers in its reasonable discretion.||26||--|
|Electronic Recording||Vonage affirms that Customer is solely responsible for complying with federal and state laws governing electronic recording of calls.||27||--|
|Right to Review Services||Added provision that Vonage Business right to review and monitor Customer’s use of the Service to confirm compliance with the Agreement, including anti-fraud protections.||28||--|
|General||We amended the Notices provision in subsection (e) to direct notices to Vonage Business Client Services at Vonage’s Holmdel NJ corporate offices.|
We clarified in subsection (l) that third party terms and conditions may be referenced on the Sales Order or on Vonage’s website.