Super Phone - Internet Powered Telephone Device. (A Super Technologies Inc. Product)   Call Us 1-800-959-8924

Super Phone Terms of Service

This document is an agreement between a Customer and Super Technologies, Inc. for communications and related services . The terms "Device" and "Phone adapter" refers to an IP phone, software or any other IP connection device used in conjunction with Super Phone Service, such Super Phone 700, Super Phone 800, Super Phone 3000, and other related Super Phone products and services. By activating Super Phone Service with Super Technologies, Inc, Customer acknowledges that Customer has read and agrees to the terms of this Agreement.

1. SERVICE

a. Use of Service

Customer authorizes Super Technologies, Inc to verify its creditworthiness with a credit reporting agency to determine customer's eligibility for Service. If Customer is approved for Service, Customer agrees not to resell the Service without the expressed written consent of Super Technologies, Inc. Customer also agrees not to use Service for any unlawful or destructive purpose or in such a way as to create damage or risk to Super Technologies' business, reputation, employees, facilities, third parties or to the public in general. Customer has no proprietary or ownership rights to or interest in a specific phone number or phone numbers assigned to Customer by Super Technologies, Inc. Any phone number offered is not portable to any other service provider. Customers who choose to use the Service outside the United States do so at their own risk. Super Technologies, Inc. does offer customer service to Customers who use the Service outside of the United States. Super Technologies does attest that the Service does work outside of the United States in most scenarios, but does not guarantee that the Service will work outside of the United States.

b. Term

The term of this Agreement depends on the plan, feature or promotion Customer selects and is described in separate subscriptions, calling plans, or rate plans in materials provided by Super Technologies, Inc. Customer agrees that it has reviewed the appropriate plan materials and fully acknowledges and agrees to the term of the Calling Plan. The term of this Agreement begins on the date that Super Technologies, Inc activates Service for the Number. Customer agrees to purchase the Service for the entire term. The term of the Service shall continue for the number of full months applicable to the term selected. If Customer attempts to terminate Service prior to the end of the term, Customer will be responsible for all charges, including without limitation, unbilled charges, which immediately become due in addition to a $99USD cancellation fee and half of the remaining fees are due for the period of time agreed to on rental agreements. After the expiration of Customer's Calling Plan, Customer will be required to sign up for a new Calling Plan (it may choose from all Calling Plans that are available at that time) in order to continue receiving Service on rental agreements from Super Technologies, Inc.

c. Unauthorized Usage

Customer may not program the Phone Number into any equipment or infrastructure in or on which the number is intended or used as the origination or destination of a communication other than the Device that was provided by Super Technologies without expressed written consent of Super Technologies, Inc. Customer may not change the electronic serial number or equipment identifier of the Device. If the Device is stolen or Service is fraudulently used, Customer must immediately notify Super Technologies, Inc and provide such documentation and information as Super Technologies, Inc may request which includes, but is not limited to, a copy of a filed police report. Customer agrees to cooperate with Super Technologies, Inc in any fraud investigation and to implement any fraud prevention measure Super Technologies, Inc prescribes. Failure to provide reasonable cooperation will result in Customer liability for all fraudulent usage. Customer agrees to advise Super Technologies, Inc if service usage changes from either residential or business use.

d. Return Policy

If Customer's Device was purchased from Super Technologies, Inc and includes proof of purchase and original packaging and contents, and undamaged and in good working condition, Customer may return its Device in satisfactory condition within thirty (30) days of receipt for a full refund of the first month monthly fee and equipment price in the case of rental agreement, unless otherwise stated in the Calling Plan, if applicable. The setup fee and shipping and handling is not refundable. If Customer receives cartons and/or devices that are visibly damaged, please note the damage on the carrier's freight bill or receipt and keep a copy. Keep the original carton, all packing materials and parts intact and contact Super Technologies' customer care department immediately.

2. CHANGES TO THIS AGREEMENT

Super Technologies, Inc. may amend the terms of the Agreement, including all Calling Plans, without advance notice. If Customer does not agree to the amendment, Customer may terminate the Agreement by giving Super Technologies, Inc notice within 5 full business days (Monday through Friday USA CST) of the date Super Technologies, Inc notifies Customer of changes to this Agreement, and will be charged a disconnect fee. If Customer uses the Service on the fifth day after Customer has been notified and/or does not notify Super Technologies, Inc of its intent to terminate the Agreement within 5 days, Customer is deemed to have consented to the change. Any change will take effect in the next billing cycle subject to pro rata billing during the then current billing cycle. If Customer transfers to a Calling Plan having a term that is shorter than its previous Calling Plan, it may remain obligated to the previous Calling Plan, at the option of Super Technologies, Inc.

3. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION

a. Billing and Payment of Charges

Customer is responsible for paying all charges posted to its account, including but not limited to, monthly Service fee, setup fee, usage charges, advanced feature charges, Device charges, shipping, and others. Charges, including disputed amounts, must be paid by the date shown on the invoice. Super Technologies, Inc calculates all rates at one-minute increments, rounded up to the nearest minute, commencing upon the first use of any services being provided. Customer agrees that (a) it would be impractical to determine the exact amount of Super Technologies' damages if Customer fails to pay promptly, and (b) in the event of such failure, Customer shall pay Super Technologies, Inc the amount due plus a cancellation fee. If Super Technologies, Inc accepts late or partial payments or payments marked "Paid in Full" or similar notations, it will not waive any of Super Technologies, Inc rights hereunder nor will it constitute an accord or satisfaction. Super Technologies, Inc reserves the right to charge it's Customer for bills which are back dated for upto a period of 1 year, if due to some reason the error is occurred in the billing system of Super Technologies, Inc.

Super Technologies, Inc reserves the right to bill and collect weekly or otherwise than monthly if the amount due in any point of a month is greater than $150USD. Invoices are payable on receipt.

b. Credit Card Charges

If Customer pays by credit card, it authorizes Super Technologies, Inc. to charge the credit card account number for Super Technologies, Inc charges that accrue during the billing cycle. Customer reauthorizes Super Technologies, Inc to charge its designated credit card account each time it uses Service and/or as required by the Calling Plan Customer chooses. This authorization will remain valid until terminated by written notice to Super Technologies, Inc. It is expressly understood and agreed that the term for Service will automatically renew for a similar term until such time as Customer notifies us in writing of its intention not to renew. Super Technologies, Inc may terminate Customer's account at any time, in Super Technologies, Inc's sole discretion, for declined credit cards or any other non-payment of account charges with the understanding. However, that Customer remains fully liable to Super Technologies, Inc for all charges accrued from usage of Service and all charges incurred by Super Technologies, Inc due to said credit card declines, etc. Super Technologies will charge a service charge of $3 for every time the  customer's credit card declines. If the customer's credit card declines over 3 times for any  reason, Super Technologies will invoice and Charge a $100 Security Deposit on that particular  account.


c. Default/Termination

Super Technologies, Inc reserves the right to terminate Service at Super Technologies, Inc's discretion. Super Technologies, Inc may discontinue the Service, for any reason including without limitation, if it has reason to believe that there have been attempts to hack or disrupt the system, or that the Service is being misused in any way. In the event of Customer default -- i.e. Customer does not pay any sum when due, breach any representations you made to Super Technologies, Inc, fail to perform any of your obligations set forth in this Agreement between Customer and Super Technologies, Inc, are suspected by Super Technologies, Inc of committing fraud, harming Super Technologies, Inc's network, harming Service to other customers, using Service in any way that damages Super Technologies, Inc -- Customer will reimburse Super Technologies, Inc for its attorneys' and expert witnesses' fees and costs of investigation, collection and similar expenses incurred by Super Technologies, Inc in the enforcement of any right or privilege hereunder. If this Agreement is terminated because of Customer default, Super Technologies, Inc may keep any charges or sums prepaid by Customer upon termination. Super Technologies, Inc may require reactivation charges to renew Service after termination or suspension.

Super Technologies, Inc reserves the right to terminate the Service of the Customer if the Customer in any manner uses language oral or written which reasonably implies as a threat against Super Technologies, Inc in any manner. The mode of such communication by the Customer may be any oral or written mode.  

d. Taxes

Any applicable sales, use, excise, public utility or other taxes, fees or charges imposed on Super Technologies, Inc as a result of providing the Service or a Device will be added to Customer's account when imposed or required by law. If Customer is exempt from payment of such taxes, it will provide Super Technologies, Inc with an original Tax Exempt Document. Tax exemption will only apply from the date Super Technologies, Inc receives the Tax Exempt Document.

e. Device Returns in the Event of Calling Plan Termination

If any Device(s) was provided to Customer in conjunction with the signing of a Calling Plan, and the Calling Plan is terminated for any reason, Customer must return the Device(s) to Super Technologies, Inc within 30 days of termination. Failure to do so will result in charging Customer's account and/or credit card the full amount of the Device.

f. Service Cancellation

The customer must sign, and fax / scan email a cancellation form, requesting in writing 15 days  prior to the date they wish to cancel the service, or they may be charged for the full month's service charges.

g. Duties on Shipments

Each country's government charges custom/duty fees on incoming shipments. Super Technologies, Inc does not have control over these fees. These fees are the responsibility of the customer and are not included in the pricing on this agreement.

h. Credit Card chargeback fees by Super Technologies, Inc.

When a customer requests a chargeback from his credit card company on the products or services of Super Technologies and it is processed, we will charge the 25$ service fee to the customer.

4. LIMITATIONS

a. Limitation of Liability

Super Technologies, Inc's nonperformance hereunder shall be excused and Super Technologies, Inc shall not be liable if caused by act or omission of an underlying carrier; equipment, network or facility failure; equipment, network or facility upgrade or modification; acts of god; strikes; fire; war; riot; government actions; equipment, network or facility shortage; equipment or facility relocation or causes beyond Super Technologies, Inc's control, including without limitation the failure of an incoming or outgoing call, including a 9-1-1 emergency call to be connected or completed, or degradation of voice quality. Super Technologies, Inc's liability for any failure or mistake shall in no event exceed Service charges during the affected period. Super Technologies, Inc is not liable for any incidental or consequential damages of any type.

b. Indemnification

Customer agrees to defend, indemnify, and hold Super Technologies, Inc, its affiliates and agents and any other service provider, harmless from claims or damages relating to this Agreement. This paragraph shall survive termination of this agreement.

c. No Warranties on Service

Super Technologies, Inc provides no warranties of any kind on the Service. Statements regarding or descriptions of the Service, if any, by Super Technologies, Inc or Super Technologies, Inc's agents or installers are informational and are not given as a warranty of any kind.

d. No Warranties, or Limited Warranties, for Devices

If Customer purchased the Device new from Super Technologies, Inc and the Device included a limited warranty at the time of purchase, Customer must refer to the separate limited warranty document for information on the limitation and disclaimer of certain warranties. If Customer's Device did not include a limited warranty from Super Technologies, Inc at the time of purchase, Customer agrees that it accepts its Unit "as is" and that Customer is not entitled to replacement or refund in the event of any defect.

5. RESOLUTION OF DISPUTES

a. Mandatory Arbitration

Any dispute or claim between Customer and Super Technologies, Inc arising out of or relating to the Service or Device provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in arbitration. The arbitrator shall have no authority to award punitive damages. Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial. b. Cost of Arbitration

All administrative fees and expenses of an arbitration initially will be divided evenly between Customer and Super Technologies, Inc. In all arbitrations, each Party will bear the expense of its own counsel, experts, witnesses and preparation of evidence in arbitration. The prevailing Party shall be awarded all attorneys' fees and costs attendant to each arbitration proceeding. The decision of the Arbitrator shall be final.

The location of arbitration shall be Florida, unless otherwise agreed to by both Parties in writing.

6. MISCELLANEOUS

a. Signing Authority

Customer acknowledges that the Customer is of legal age, has received a true copy of this Agreement and has read and clearly understands the terms of this Agreement.

b. Privacy

IP telephony utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Super Technologies, Inc is not liable for any lack of privacy which may be experienced with regard to the Service. Please refer to our Privacy Policy for additional information.

c. Notices

Notices to Customer shall be sent to the email address on file for Customer at Super Technologies, Inc and will be considered given on the date sent by Super Technologies, Inc. Customer is responsible for notifying Super Technologies, Inc of any changes to its email address. Notices to Super Technologies, Inc shall be considered given when received by Super Technologies, Inc at support@mysuperphone.com.

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Super Phone is a Registered trade mark of Super Technologies inc.  © Copyrights Super Technologies Inc. 1999-2003
Disclaimer: Super Phone is is a FCC Approved Product & Is 100% Legal to use in the United States. Please check with the local authorities for other countries, for legal status elsewhere. Super Phone is an Internet Powered Phone, and can not operate without an Internet service. All currencies are in United States dollars.