Terms and Conditions

1. Customer acknowledges that the voice-enabled gateway (“VoIP Device”) used to provide Voice Services are electrically powered and that the Voice Services, including the ability to access 911 services and alarm, security, medical and other monitoring services, may not operate in the event of an electrical power outage or a Q5 Networks network service interruption.
2. Customer also acknowledges that, in the event of a power outage at Customer or any End User’s facility, Voice Services will not be available. When Customer signs up for Voice Services, Customer may select a Network Availability Number. This can be any landline or cell number – such as a work number or cell phone. During a power or Internet outage, all incoming Customer calls can be forwarded to the Network Availability Number. Upon resumption of power or Internet service, the phone will ring on the original number.
3. Customer shall specifically advise every end user of the Voice Service that the VoIP Device is electrically powered and, in the event of a power outage or network failure, the Voice Service and E911 may not be available. Customer shall distribute to all end users of the Voice Services labels/stickers (to be supplied by Q5 Networks) and instruct all end users of the Voice Services to place them on our near the equipment used in conjunction with the Voice Service. The location and address associated with the Voice Service will be the address identified on the Service Order (the “Master Address”).
4. Customer is not permitted to move Q5 Networks Equipment or VoIP Device from the Master Address in which it has been installed. If Customer moves the VoIP Device to an address other than the Master Address identified on the Service Order, calls from the VoIP Device will appear to 911 emergency service operators to be coming from the Master Address identified on the Service Order and not the new address.
5. In some geographic areas, the Voice Service does not provide the capability to support Enhanced 911 service from multiple locations or from a location other than the Master Address. In those areas, if Customer intends to assign telephone numbers to one or more locations other than the Master Address, Customer shall obtain from Q5 Networks, the incumbent LEC, a competitive LEC, or cable provider a local telephone line or lines and ensure that (1) the address(es) associated with the additional location(s) are loaded into the 911 database by the provider of the local telephone line(s) such that 911 calls will deliver to the 911 answering point the actual location and address of the 911 caller and (2) all 911 calls originated from the additional location(s) are transported and delivered over those local telephone lines. In such areas, Customer further agrees to defend, indemnify and hold harmless Q5 Networks, its affiliates, its service providers and suppliers and their respective officers, directors, employees and agents, from and against third party claims, liabilities, damages and expenses, including reasonable attorneys’ and other professionals’ fees, arising out of or relating to 911 calls made by end users of the Voice Service from locations other than the Master Address.  Customer will be notified by Q5 Networks as to whether the Voice Services to which Customer subscribes include the capability to support Enhanced 911 service from multiple locations or from a location other than the Master Address.
6. Customer agrees that Q5 Networks will not be responsible for any losses or damages arising as a result of the unavailability of the Voice Service, including the inability to reach 911 or other emergency services, the inability to contact a security system or remote medical or other monitoring service provider or any failure or fault relating to Customer-provided equipment, facilities or services; the use of third-party enterprise 911 solutions or Customer’s attempt to access the Voice Service from a remote location.
7. Customer acknowledges that Q5 Networks does not guarantee that the Voice Service will operate with alarm, security, medical and/or other monitoring systems and services or Customer-provided equipment, facilities and services (“Alarm Services”).
8. Customer must ensure that all Alarm Services and related signal transmission services are tested to validate that they remain fully operational after installation of Voice Service. Customer is solely responsible for obtaining such testing from the appropriate Alarm Service providers, ensuring that such testing is completed in a timely manner, and confirming that the Alarm Services and any related Customer-provided equipment, facilities and systems that are connected to the Voice Service operate properly. Customer is solely responsible for any and all costs associated with this activity.
9. Q5 Networks’ obligation is to provide Voice Service to the VoIP Device on the Customer’s premises. Customer is solely responsible for coordinating and completing any and all rearrangement, augmentation and configuration of Customer-provided equipment, facilities and systems to be used with the Voice Service and connecting such equipment, facilities and systems to the Q5 Networks network interface device or equipment. Customer must notify Q5 Networks at least seventy-two (72) hours prior to the Customer’s scheduled installation appointment if the Customer seeks to reschedule installation for any reason.  Additional charges may apply for non-standard installation and missed installation appointments.
10. Customer agrees to provide Q5 Networks and its authorized agents with access to Customer’s internal telephone wiring at the network interface device or at some other minimum point of entry in order to facilitate the installation and operation of the Voice Service over existing wiring. Customer hereby authorizes Q5 Networks to make any requests from Customer’s landlord, building owner and/or building manager, as appropriate and to make any requests necessary to other or prior communications service providers as necessary and appropriate to ensure that Q5 Networks has all access to inside wiring and cabling necessary and sufficient to efficiently and securely install the Voice Service and all related equipment.
11. Information relating to Customer calling details (“Calling Details”), including the quantity, configuration, type, destination and amount of Voice Service usage by Customer, and information contained in Customer’s bills (collectively, “Customer Proprietary Network Information” or “CPNI”), that is obtained by Q5 Networks pursuant to its provision of the Voice Service will be protected by Q5 Networks as described herein and in accordance with applicable federal and state requirements. Notwithstanding the foregoing, the following shall not be CPNI: (i) Customer’s directory listing information, and (ii) aggregated and/or compiled information that does not contain customer-specific references, even if CPNI was used as a basis for such information.
12. Q5 Networks may use and disclose Calling Details and CPNI when required by applicable law. Q5 Networks may use Calling Details and CPNI and share (including via e-mail) Calling Details and CPNI with its partners and contractors, as well as with Customer’s employees and representatives, without Customer consent: (i) to provide services and bills to Customer; (ii) pursuant to applicable law; (iii) to protect the interests of Q5 Networks, Customer and related parties in preventing fraud, theft of services, abuse, harassment and misuse of telephone services; (iv) to protect the security and integrity of Q5 Networks’ network systems; and (v) to market additional Q5 Networks services to Customer that are of the same category as the services that Customer purchases from Q5 Networks. Q5 Networks will obtain Customer’s consent before using Calling Details or CPNI to market to Customer Q5 Networks services that are not within the categories of services that Customer purchases from Q5 Networks.  Customer agrees that, except as provided in Section 14.0 of the Terms and Conditions and applicable law, Q5 Networks will not be liable for any losses or damages arising as a result of disclosure of Calling Details and CPNI.
13. Customer may obtain from Q5 Networks Calling Details showing Customer’s outbound calls made within a trailing 90-day period. Customer may access this information by logging in through Customer’s secure account information page on Q5 Networks’ web portal or by requesting such information in writing or by telephone call to Q5 Networks. If Customer has not been assigned a designated account representative, Q5 Networks will respond to Customer requests for Customer Calling Details only in compliance with Q5 Networks’ then-current authentication requirements and applicable law.  Such authentication requirements may require Customer to obtain a secure password, which may be required for both online and telephone requests for Calling Details.  Q5 Networks will provide the requested Calling Details by sending a printout or CD containing the requested information to the Customer’s account address of record or by making the document or information available to Customer or Customer’s employee at a Q5 Networks retail location upon presentment of a valid government-issued photo ID by Customer.  Q5 Networks will notify Customer of any requests to change account passwords, activate online account access and change Customer’s account address of record.  Q5 Networks may provide such notice by voicemail, by e-mail or by regular mail to Customer’s prior account address of record.
14. If Q5 Networks has assigned a designated account representative to Customer, Customer may identify a person or persons who are authorized to request Calling Details from the designated account representative, with or without further identity authentication, at Customer’s option, and may designate the means by which Q5 Networks will provide such information to Customer (e.g., electronically, by fax, by mail, orally or otherwise) (“Calling Detail Preauthorization Plan”). Thereafter, Q5 Networks will provide requested Calling Detail in accordance with the Calling Detail Preauthorization Plan. Customer is responsible for: (i) ensuring that Q5 Networks receives timely notice of any changes to the list of authorized individuals (ii) the accuracy of Customer-defined additional authentication information and practices; and (iii) maintaining the security and confidentiality of the Calling Detail Preauthorization Plan.  Q5 Networks will not be liable to Customer for any disclosure of Calling Detail (including CPNI) that occurs if Q5 Networks has complied with the Calling Detail Preauthorization Plan.
15. In the event that a material error or omission in Customer’s directory listing information, regardless of form, is caused by Q5 Networks, Customer’s sole and exclusive remedy shall be a partial service credit in an amount set by Q5 Networks’ then-current standard policies or as prescribed by applicable regulatory requirements, if any. Notwithstanding the foregoing, Q5 Networks shall have no other liability for any error or omission in any directory listing information.
16. Activation, installation, and equipment fees may apply.
17. Customer may not use our service or devices in any way that is illegal, fraudulent, improper or inappropriate. Customer may not use any automated means to manipulate our service or use our service to violate any law, rule, regulation or any third party’s intellectual property or personal rights.
18. Q5 Networks reserves the right to review Customer’s account and take further action, including, but not limited to, immediate suspension of Voice Services if account usage is beyond normal standards for typical customers on the same calling plan, impermissible or detrimental to other customers’ ability to use the service or adversely affects our operations. Q5 Networks may assess abnormal usage based on comparisons to the usage patterns and levels of our other customers on the same plan(s). If we determine that you are engaging in abnormal or impermissible usage, we will use commercially reasonable efforts to inform you and may provide you with the opportunity to correct the improper usage. If we afford you the opportunity to correct your abnormal usage patterns and you fail to immediately conform to normal use, we may exercise our right to transfer your service to a more appropriate plan, charge applicable rates for that plan, implement other limitations or suspend or terminate your service with or without notice.
19. If we believe that our Voice Services have been used for an unlawful purpose, we may immediately terminate your service with or without notice and/or forward the relevant communication and other information to the appropriate authorities for investigation and prosecution.