Terms of Service

Terms and Conditions of Managed VoIP Telephony Service

ELON.cloud and customers agree to the following terms of service.

INTRODUCTION

ELON.cloud is exclusively a reseller of termination services. ELON.cloud does not warrant 100% reliable service, nor does it promise to deal with specific providers or to get specific permissions from any providers, clients or any other person.  ELON.cloud does not warrant the  quality or availability of its services or equipment. All parties agree that ELON.cloud shall conduct business in compliance with all requirements of the laws of the State of Illinois, USA, and of the United States of America.

DEFINITION

The term “customer” in this document means a person, company or any other entity that has opened an account with ELON.cloud.

TERMS & CONDITIONS

Customers shall be deemed to agree to the following terms upon opening an account with ELON.cloud, and shall be an express condition of ELON.cloud's agreement to open such an account:

1. The customer is advised that use of this service as their sole call termination service is at their own risk, and are further advised to have a backup solution in any case this service does not deliver service necessary to meet the customer's specific demand. The customer understands that ELON.cloud does not guarantee any privacy on the communications through ELON.cloud.  ELON.cloud offers no warranty for failure of service, and shall not be liable for any damages due to loss or interruption of service, and in no event shall be liable for incidental or consequential damages.
2. ELON.cloud is not a  telecommunications provider, and does not claim that its service is “standard line quality”.  The client understands that the service quality is offered on an “AS IS” basis only, and will vary depending on the location of the customer as well as the destination of each call.  The customer has the option of carrying a traditional land-line service if* it wishes to ensure continuity of service, and elects to forego such service at its sole peril.
3. The customer agrees to use the service solely for lawful purposes.  Call usage must comply with all application laws in the USA and the location country of the customer.
4. ELON.cloud makes no warranties, expressed or implied including, but not limited to any warranty of merchantability or fitness for a particular purpose, regarding any equipment or service.
5. ELON.cloud will apply any payment first to pay negative balances owed to ELON.cloud, with the remainder, if any, to current charges. The customer understands that all negative balances are due immediately, and ELON.cloud reserves the right to suspend any negative account.
6. ELON.cloud reserves the right to temporarily or permanently discontinue service at anytime and without any notice.  Provided, that if service is discontinued at any time, full refunds shall be issued for any unused balances.
7. ELON.cloud does not warranty any equipment provided for the customer's use in relation to the service.  Any provided equipment, and any intellectual property associated with said equipment, shall remain the exclusive property of ELON.cloud.  ELON.cloud has the right to remove or replace any provided equipment at any time.
8. ELON.cloud must maintain remote access, from the public Internet, to equipment provided to customer at all times in order to maintain the service.  It is the customer's sole responsibility to ensure the security of their network against other outside access attempts.  
9. The free toll-free termination is provided to users under the understanding that it will only add up to a small percentage of their traffic and that the account will also be used for regular traffic (incoming calls to DID numbers and/or outgoing calls to geographical areas). ELON.cloud reserves the right to determine if the free toll-free usage is not typical or falls out of the pattern mentioned previously, and disable this option when more than an acceptable amount of the customer's calls consist of Toll free calls using the free toll-free termination.
10. Originating calls from payphones to ELON.cloud toll-free numbers is not guaranteed.
11. The customer is responsible for all usage of his/her accounts and is also responsible of the actual balance in his account.
12. Any port away fee for any DID number(s) leaving our network for which a charge is incurred from ELON.cloud carrier(s) will be passed through to the customer on the next billing statement.  
13. The customer agrees to hold harmless and indemnify ELON.cloud from any and all claims whatsoever originated by customer or any third-party, which arise from the customer's use of the services.
14. ELON.cloud agrees to not sell your personal or corporate information to third parties.  However, ELON.cloud does not guarantee the privacy of any transmission, whether voice, data, or otherwise.
15. ELON.cloud does not encrypt its transmissions, or sensitive parts of customer information in its database. ELON.cloud retains the right to voluntarily hand over information regarding customers, usage and calls if it is requested by law by governmental organizations.
16. ELON.cloud complies at all times with the Communications Assistance for Law Enforcement Act (CALEA) and has no duty to object to any request for information pursuant thereto.
17. The customer will not use ELON.cloud outbound services for telemarketing purposes (including, but not limited to, the use of locally staffed or remote call centers or automated dialers). ELON.cloud will suspend such activities immediately, without notice.
18. The customer will not use any ELON.cloud DID number as their caller ID display for calls related to telemarketing / dialer traffic / polls / mass traffic campaigns, nor will use ELON.cloud DID numbers to receive traffic consistent with the aforementioned purposes (Mostly short calls, of very short duration). These activities will result in the suspension or removal of a DID number, ELON.cloud reserves the right to suspend or remove an account without prior notice in such event.
19. It is the customer's responsibility to verify and test that any number delivered to his/her account is active and working properly before publishing it. The test should be made from a landline or cell phone provider. ELON.cloud will not be held liable for any damages or advertising expenses arising out of, or related to, receiving a non working number. The customer's sole remedy if a number is confirmed as non-working is the refund of any cost actually paid by the customer for the number.
20. ELON.cloud charges a flat, negotiated, periodic rate for the service.  Included within this flat rate are telecommunication taxes and fees, charges from the telecommunications provider, service fees, labor costs, technical support and service, equipment costs and depreciation, and other expenses incurred by ELON.cloud on behalf of the customer.  No itemization of such charges are maintained by ELON.cloud, nor shall customer be entitled to any itemization or proof of cost incurred, unless such cost or fee is directly passed through to the customer in addition to the regular periodic rate.
21. THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE WITHOUT NOTICE.  ALL CHANGES WILL BE POSTED ON THE ELON.cloud WEBSITE. IT IS THE CUSTOMER'S DUTY TO REVIEW THESE TERMS OF SERVICE REGULARLY TO BE ADVISED OF ANY CHANGES.  THE TERMS AND CONDITIONS IN EFFECT AT ANY TIME SHALL BE THE “TERMS AND CONDITIONS OF SERVICE” POSTED ON ELON.CLOUD'S WEBSITE.