Phone Terms of Service
THESE TERMS OF SERVICE CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF TELEPHONE SERVICE PROVIDED BY FIDIUM (“WE”, “US” OR “FIDIUM”). THIS DOCUMENT IS A LEGALLY BINDING AGREEMENT THAT DESCRIBES THE TERMS AND CONDITIONS PURSUANT TO WHICH FIDIUM WILL PROVIDE ITS CUSTOMERS (“YOU” OR “CUSTOMER”) WITH THE SERVICE AND ANY RELATED EQUIPMENT. PLEASE READ THESE TERMS CAREFULLY.
1. SERVICES PROVIDED; CHARGES
1.1. Fidium provides residential phone service through your internet service on a 7 days per week, 24 hours per day basis to all destinations in the United States (including Alaska and Hawaii), and upon your request and our approval, to those international destinations listed in the international rate sheets maintained at the Company's office and on our website.
1.2. The rates and charges for Fidium’s residential interstate and international toll services and business international toll services can also be viewed on our website.
1.3. Usage charges, if applicable, accrue through a full billing period. We may prorate or adjust a bill if the billing period covers less than or more than a full month (for this purpose, each month is considered to have 30 days). To determine the charge for each call, we round up to the next full minute for any fraction of minutes used.
1.4. The Company may restrict international toll, utilizing 011+ dialing pattern, and off-shore domestic toll to non-U.S. countries, utilizing 1+ dialing pattern. Such restriction, if applied, may be removed by the Company if requested by you, the Customer. You are solely responsible for your network security management and you agree to safeguard against unauthorized access to the long-distance network, and to assume financial liability if such security fails. In the event such unauthorized access occurs and stimulates toll usage billing, you are responsible to reimburse the Company for all toll traffic switch expenses incurred due to the unauthorized access.
1.5. Your Fidium Telephone Service does not allow you to make 500, 700, 900, 950, 976 or dial-around calls. Your Fidium Telephone Service does allow 00, 01, 0+ or calling card calls. Your Fidium Telephone Service does allow you to accept collect calls or third number billed calls.
2. LIMITATIONS OF SERVICE AVAILABILITY
2.1. Using VOIP Service for 911 and Other Calls During a Power Outage. Your Fidium Telephone Service uses Voice-over-Internet Protocol (“VOIP”) transmission service. The Fidium Equipment is electrically powered, and the Telephone Service may not operate in the event of an electrical power outage. You will not be able to dial 911 in an emergency unless you have a working backup power source.
2.2. Internet Service Availability. Fidium’s Telephone Service is provided over the broadband Internet network, and you must be a Fidium Internet Service subscriber to utilize Fidium’s Telephone Service. If there is an outage of this network, Fidium Telephone Service will not be able to make 911 calls. Any 911 calls made using Fidium Telephone Service may be subject to network congestion or reduced routing or processing speed. If you have Call Forwarding, Do Not Disturb, Simultaneous Ring or other features programmed and in use when you dial 911 and your call is interrupted, the emergency dispatcher may not be able to call you back at the phone from which you dialed the 911 call.
2.3. Suspension of Service. You agree that a service outage due to a suspension of your account as a result of billing or other issues will prevent ALL services from being provided to you, including any 911 emergency response services.
2.4. Batteries and Back-Up Solutions.
2.4.1. FIDIUM MAKES NO WARRANTIES REGARDING BATTERIES OR ANY OTHER BACK-UP SOLUTIONS YOU MAY USE IN CONNECTION WITH YOUR FIDIUM SERVICES. If your batteries or other battery back-up products are no longer functioning, Fidium is not responsible for any replacement or maintenance. You are responsible for all costs associated with the batteries or any other battery back-up products. Additionally, if you are unable to use your Fidium Telephone Service during a power outage due to the inoperability of your batteries or any other third-party products, Fidium will not provide any credits to your service charges during the service interruption.
2.4.2. Battery back-up products you may use may not be sufficient to maintain Fidium’s services, including its Telephone Service, throughout the duration of a commercial power outage. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FIDIUM WILL NOT BE LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE OR OTHER DAMAGE OR INJURY CAUSED BY BATTERIES OR ANY OTHER BACK-UP PRODUCTS PROVIDED BY THIRD PARTIES, NOR WILL FIDIUM HAVE ANY LIABILITY FOR THE FAILURE OF THE THIRD-PARTY PRODUCTS TO POWER YOUR FIDIUM TELEPHONE SERVICE OR ANY OTHER FIDIUM SERVICE DURING A POWER OUTAGE.
3.1. Installation. The Fidium Equipment for Telephone Service must be installed according to Fidium specifications and you may not alter the equipment or your inside wiring in any way.
3.2. Compatible Services and Equipment. You acknowledge that Fidium Telephone Service, which is VoIP service, may not be compatible with certain data transmission services, including but not limited to fax transmission. Other services or equipment that may not be compatible with Fidium Telephone Service include monitored home security systems, fire alarms, medical monitoring systems and any such systems will not be available with your Fidium Telephone Service during any power outage. You may be required to maintain a separate telephone line or obtain separate equipment in order to access such services. You agree that Fidium will not be responsible for any losses or damages arising as a result of the unavailability of the Telephone Service or the inability to contact your home security system, fire alarm system or remote medical monitoring service provider. You acknowledge that Fidium does not guarantee that Telephone Service will operate with your home security, fire alarm and/or medical monitoring systems, and that you must contact your service provider in order to test your system’s operation with the Telephone Service.
3.3. Backup Power Units. PowerTec Solutions International (PSI), a provider of back-up power solutions, offers back-up power units (BPUs) and batteries that are compatible with Fidium’s Telephone Service. You are responsible for purchasing any desired back-up power solution directly from PSI. For more information on how the BPU works with your Fidium Telephone equipment or if you wish to purchase a BPU and/or batteries for use with your Fidium Telephone Service, visit PSI’s website at: https://www.powertecsolutions.net/solutions/li-36-battery-upgrade.
3.3.1. You acknowledge that, in the event of a power outage in your home, any battery you are using may enable backup service for a limited period or not at all, depending on the circumstances. The addition of a battery does not ensure that Telephone Service will be available in all circumstances, and performance of any battery is not guaranteed. You also acknowledge that, in the event of a loss of power that disrupts the local Fidium system, the battery will not provide back-up service and Telephone Service will not be available. You acknowledge and understand that the Fidium Equipment may not have battery backup of another power source of its own. If there is a power outage, you may be required to reset or reconfigure the equipment you are using prior to being able to use the Telephone Service again.
3.3.2. Your Fidium Telephone equipment should be placed in a location at your home that allows you to monitor the health of the BPU and batteries. Images to assist in identifying your equipment are listed on PSI’s website. The BPU unit contains a series of indicator lights that tell you whether your Fidium Telephone Service is being powered by commercial power or the BPU, and about the state of your battery. You are responsible for the monitoring, testing and management of the BPU and associated batteries. Therefore, it is very important that you familiarize yourself with the lights on the unit to ensure you have backup power if it is needed.
3.3.3. Although BPUs may allow you to continue to use your Fidium Telephone Service for a limited time during a power outage, the batteries will not power any other Fidium equipment at your home. Additionally, the batteries will not power cordless phones, devices used to assist with disabilities, or other medical devices, and these devices will not work in the event of a power outage. It is your responsibility to ensure that the proper battery backup solutions have been put in place for this equipment and these other devices to ensure their operation during a power outage.
3.3.4. Many factors impact the life and operation of batteries, including temperature, age, and whether the batteries have been misconfigured or damaged. The lifespan of batteries varies depending on how often they are used and the environment in which they are used. A battery’s charge will deplete during a power outage and will deplete faster when you use your Fidium Telephone Service during an outage. One method of extending the duration of backup power may include purchasing additional batteries and rotating them during a power outage. The typical time it takes to recharge the battery after use is about 12 hours. Under normal circumstances, when power is restored to your home, the BPU recharges the battery without any additional action required by you.
4. LOCAL NUMBER PORTABILITY
4.1. Under the Federal Communications Commission’s "local number portability” (LNP) rules, so long as you remain in the same geographic area, you can switch telephone service providers, including interconnected Voice over Internet Protocol (VoIP) providers, and keep your existing phone number.
4.2. If you are moving from one geographic area to another, however, you may not be able to take your number with you. Therefore, subscribers remaining in the same geographic area can switch from a wireless, wireline, or VoIP provider to any other wireless, wireline or VoIP provider and still keep their existing phone number(s).
4.3. If you are switching Telephone Service to Fidium from another provider, you may transfer your existing phone number to the Telephone Service provided that (i) you request the phone number transfer when you place your order for Telephone Service, (ii) your current service provider releases your existing phone number at our request without delay or charge, (iii) the transfer of your existing phone number to the Telephone Serviced would not, in Fidium’s view, violate applicable law or our processes and procedures. When applicable, you acknowledge and agree that if your equipment is set up before the date that the number transfer becomes effective (“Port Effective Date”), you may only be able to make limited outgoing calls. In that event, you should keep another phone connected to an existing phone extension at your service location to receive incoming calls until the Port Effective Date. You acknowledge and agree that to avoid an interruption in your Telephone Service, you must have the proper equipment installed before the Port Effective Date. Your existing phone service for the number you are transferring will be disconnected on the Port Effective Date; if your equipment is not yet activated, you will not have access to the Telephone Service.
4.4. To transfer your phone number from Fidium to another provider, you must place the transfer order through your new service provider and then terminate your Telephone Service with Fidium. Fidium will release your phone number to your new service provider, provided that (i) your new service provider requests the transfer upon termination of your account; (ii) your new service provider is willing to accept transfer of the phone number without delay or charge; and (iii) transfer of your existing phone number to the new service provider would not, in Fidium’s view, violate applicable law or our processes and procedures.
5. FRAUD PROTECTION
5.1. Fidium automatically blocks international long distance and other toll calls unless specifically requested by the customer.
5.2. When international calling is enabled, Fidium has in place an advanced toll fraud management system that enables us to a) Monitor all of our network usage; b) Identify suspicious network activity (based on abnormal call patterns, atypical call activity, hot lists, and subscriber information); c) Receive automatic alerts; d) Distinguish fraud from honest customer usage; e) Investigate and manage cases dynamically; f) Easily resolve cases intelligently with options ranging from automated disabling of the number to configuration changes; and g) Document fraud cases. We provide international toll fraud monitoring as a courtesy to our long-distance customers and to protect our network. We are not required to do so.
5.3. We may track suspected fraudulent usage and will block international calls (with or without customer permission) if we determine that fraud is definitely occurring. However, not all fraud is obvious, and some fraudulent calls may complete without being detected. It is the customer's sole responsibility to identify and stop fraudulent calls given that only they can differentiate legitimate calls from fraudulent ones. You as an end user, control access to your system, not Fidium, therefore you are responsible for any charges incurred.
5.4. Filing a complaint with the FCC. Consumers who become victims of a scam can file a complaint with the FCC. There is no charge for filing a complaint. You can file your complaint using an online complaint form found at www.fcc.gov/complaints.