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Terms and Conditions

VOIP Terms of Service

The use of services provided by Zella Technologies, LLC [hereafter referred to as “Zella”] constitutes agreement to these terms. BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE AND AUTHORIZED REPRESENTATIVE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

E911 Disclaimer

Zella Technologies, LLC provides you with phone services over your broadband connection. There is an important difference between the Zella Technologies service and the phone service provided over a traditional phone line — this difference is that the 9-1-1 dialing feature with Zella Technologies has important limitations that you should be aware of and that you advise others that may use the Zella Technologies service in your residence or business.

YOU ARE RESPONSIBLE FOR ACTIVATING THE 9-1-1 DIALING FEATURE BY TAKING AFFIRMATIVE STEPS TO REGISTER THE ADDRESS WHERE YOU WILL USE THE ZELLA TECHNOLOGIES SERVICE BY LOGGING INTO YOUR CONTROL PANEL AND PROVIDING A VALID PHYSICAL ADDRESS.

YOU AGREE AND UNDERSTAND THAT IF A PHONE NUMBER (DID) THAT DOES NOT HAVE E911 SERVICE IS USED TO CALL 9-1-1, YOU WILL BE CHARGED A ROUGE 9-1-1 CALL AND FINED $250 PER CALL. THE ROUGE 9-1-1 FINE IS NON-DISPUTABLE.

IF YOU MOVE THE LOCATION OF WHERE YOU USE THE ZELLA TECHNOLOGIES SERVICE, YOU MUST AFFIRMATIVELY ACTIVATE THE 9-1-1 DIALING FEATURE AT THAT LOCATION BY REGISTERING THE ADDRESS. IF YOU FAIL TO REGISTER YOUR LOCATION OR CHANGE THE ADDRESS TO A NEW LOCATION, THE 9-1-1 DIALING FEATURE WILL NOT FUNCTION PROPERLY AND POTENTIALLY NO EMERGENCY SERVICE WILL BE SENT TO YOUR LOCATION.

If you lose power or there is a disruption to power at the location where Zella Technologies is used, neither Zella Technologies nor the 9-1-1 dial feature will function until power is restored. You should also be aware that after a power failure or disruption, you may need to reset or reconfigure the device prior to utilizing the service, including the 9-1-1 dialing feature.

If your Internet connection or Broadband Service is lost, suspended, terminated or disrupted, neither Zella Technologies nor the 9-1-1 dial feature will function until the Internet connection and/or Broadband Service is restored.

If your Zella Technologies account is suspended or terminated, the Zella Technologies service outage will prevent the 9-1-1 dialing feature from functioning. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 9-1-1 dialed calls utilizing Zella Technologies as compared to traditional 911 dialing over traditional public telephone networks.

You are responsible for the accuracy and the completeness of the address that you submit to Zella Technologies for the location at which Zella Technologies will be used and to which emergency service will be sent in the event that you use the Zella Technologies 9-1-1 dialing service. You are responsible for updating and of the advising us of any and all changes to the address or location at which Zella Technologies will be used. Zella Technologies uses a third party to route the 9-1-1 dialed calls to the applicable local emergency response center or to the national emergency calling centers. We make no warranties or guarantees as to whether, or the manner in which, 9-1-1 dialed calls that you make are answered or responded to by the local emergency response center or by the national emergency calling centers. We disclaim any and all liability or responsibility in the event that the third party data used to route 9-1-1 dialed calls is incorrect or yields an erroneous result. Neither Zella Technologies, LLC, its officers, directors, stockholders, parent corporation, its affiliated or subsidiary corporations, employees, representatives or agents may be held liable for any claim, damage or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to Zella Technologies 9-1-1 dialing service unless such claims or causes of action arise from Zella Technologies gross negligence, recklessness or willful misconduct. You agree to release, indemnify, defend and hold harmless Zella Technologies, its officers, directors, stockholders, parent corporation, its affiliated or subsidiary corporations, employees, representatives or agents and any other service provider who furnishes services to you from any and all claims, damages, losses, suits or actions, fines, penalties, cost and expenses (including, but not limited to, attorney fees) or any liability whatsoever, whether suffered, made, instituted or asserted by you or by any other party or person, for any personal injury to or death of any person or persons, or for any loss, damage or destruction of any property, whether owned by you or others, or for any infringement or invasion or the right of privacy of any person or persons, caused or claimed to have been caused, directly or indirectly, by the operation, failure or outage of services, incorrect routing, or use of, or inability of a person to use, Zella Technologies 911 dialing feature or service or access emergency service personnel.

Equipment

Zella is a service provider that offers equipment such as, but not limited to, VOIP phones, VOIP ATA, Network Equipment, Server Equipment, Workstation Equipment and VOIP Accessories. Equipment purchased or rented from Zella will be programmed with a base configuration before shipping the equipment to customer. Zella is not responsible for any support and/or warranty of the equipment. Zella strongly recommends the customer NOT update the firmware, load third-party firmware, or otherwise tamper with the devices. If a customer attempts any of these things and damages the device and/or configuration, they will be responsible for replacement and/or reconfiguration of the device.

Rental equipment must be returned to Zella Technologies at the end of contract. A 30 day grace period will be allowed after contract end. If customer fails to return the equipment, Zella Technologies will charge the customer’s payment method for the full price of the equipment.

Customers must not attempt to reset the device to a factory default setting by using the “reset button” on the back of the device or device menu. If a customer resets the device, Zella will NOT issue a replacement and the device will need to be shipped back to Zella at the customer’s expense for reprogramming. A $120, per device, administrative fee will be charged for this programming. Service credits will NOT be issued for the time the service is down due to the customer-initiated device reset.

The use of any other third party purchased devices (such as ATAs, VOIP Phones, Network Equipment) or software (such as Asterisk) is strictly prohibited. Customers who attempt to circumvent this restriction face immediate termination of their service. Zella reserves the right to remotely access and manage any devices connected to our network. Any device not purchased from Zella will require the configuration to be done by the customer or the customer may contact Zella support for a billable support session that will be billed at the current per hour rate during normal business hours and x1.5 the current rate per hour during afterhours. Each session is billed a minimal of 1 hour and billed in 30 minute increments past the first hour.

Miscellaneous

Zella Technologies reserves the right to refuse to provide service to anyone at its sole discretion with or without reason. Zella also reserves the right to terminate accounts with or without reason at its sole discretion. If Zella terminates service for any reason other than a Terms of Service violation, the customer will receive a full prorated refund for any prepaid service. If Zella terminates service for Terms of Service violation, the customer is not entitled to any refund.

Support

Zella Technologies’ telecommunications department provides support for using our service only. We do not provide troubleshooting or support for routers, computers, internet connections or any other device/service that is not provided Monthly by Zella. In the event such support is needed, customer may purchase a support block from their account manager for non-telecommunication needs. When you connect to Zella’s services, you are authenticated via user/pass. Zella service requires the correct ports to be opened on your network. If the service is not connecting to our network due to an existing router, firewall or any other customer owned device, we can provide troubleshooting at the billable support rates to troubleshoot your connection.

Service Limitations

Due to the nature of all VoIP services, Zella service is not designed to be used for data connections with modems, home security systems, fax machines and related devices. It is optimized for voice only and you may experience issues and inconsistencies when using Zella service in non-voice scenarios.

Fair Use Only

Zella services are intended for normal business or light home office use only. Any other use is strictly prohibited. Zella uses automated systems to monitor usage to detect patterns which are typical of non-fair use such as auto-dialing, continuous call forwarding, frequent, excessively long calls to single numbers, etc. The Zella service is designed for customers with average usage of under 2,000 minutes per month per trunk. Accounts exceeding 2,000 minutes per month per trunk on a regular basis may be subject to review and reclassification. Accounts using excessive inbound toll-free may be billed per-minute based on Zella’s discretion. Zella shall have sole discretion to determine whether service is being used for fair use purposes or not.

Cancellations

All cancellations must be made in writing and sent to accounting@zellatech.com 90 days prior to the contract end date.

For more information regarding cancellation procedure, please email accounting@zellatech.com.

Before a cancellation can be processed, customers’ accounts must be paid up to date, have no unpaid invoices and be in the last month of the contract.

In the event that the full length of the contract has not been fulfilled, the customer will have the option to pay off the remaining months in full and will be charged an additional $500 cancellation fee per location.

Billing

Contracts renew automatically for an additional 36 months unless canceled 90 days prior to the contract end date. Service will bill on or around the first week of every month. All Zella services are prepaid at least one month in advance. If you have a credit card and/or ACH on file, Zella will bill you automatically when charges are due. Customers are responsible for all international calling usage charges and premium calls (such as 411) billed to their accounts. Zella will bill your credit card and/or ACH automatically for these charges. These charges may be delayed at our discretion or billed at any point immediately following the completion of such calls. Customer is responsible for ANY and ALL usage on the account and is non-disputable. Even in the event that fraud was committed on the account, the customer will be responsible for 100% of the charges.

Zella is a prepaid service and does not provide a grace period for billing.

Contract Terms

By starting service, you understand that each service offering and product offered by Zella Technologies is locked into a 36-month agreement. The term starts the date that a service or product is added. Any additional service or products added will change the start date of the contract as a whole based on the last date of added services or products.

Right to Refuse Service

Zella reserves the right to refuse to provide service to anyone at its sole discretion with or without reason. Zella also reserves the right to terminate accounts with or without reason at its sole discretion. If Zella terminates service for any reason other than a Terms of Service violation, the customer will receive a full prorated refund for any prepaid service. If Zella terminates service for Terms of Service violation, the customer is not entitled to any refund.

Privacy

Zella utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Zella makes no claims with regards to the privacy of voice packets transmitted over public networks.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Zella harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Zella , its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Zella against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Zella ; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;

Binding Arbitration

By using any Zella service, you agree to submit to binding arbitration. If any disputes or claims arise against Zella or its subsidiaries, its agents, its employees, its officers, or its owners, such disputes will be handled by an arbitrator of Zella’s choosing. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Louisiana. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause.

Disclaimer

Zella shall not be responsible for any damages you or your business may suffer. Zella makes no warranties of any kind, expressed or implied for services we provide. Zella disclaims any warranty or merchantability or fitness for a particular purpose. Since Zella uses the public internet to delivery service, Zella cannot guarantee up-time or availability of service.

Change of Terms

Zella may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted in our portal and/or website. These changes will become binding and effective the date they are posted to our portal and/or website. No further notice by Zella is required upon your continued use of the Service. The Agreement as and when posted supersedes all previously agreed to electronic and written terms of service.