Terms of Service

​These Terms of Service, along with any Activation Agreements, Order Forms, and any addendums or exhibits executed between WAVETECH and the Customer, which are incorporated by reference, form the agreement (“Agreement”) between Wave Technology, LLC (“we,” “us,” “WAVETECH,” or “Wave Technology LLC”) and the Customer (“you,” “user,” “Customer”) for WAVETECH business services and related products or services (“Services”).

WAVETECH PROVIDES ITS SERVICES AND EQUIPMENT EXCLUSIVELY FOR BUSINESS PURPOSES, ACCORDING TO THE TERMS AND CONDITIONS OUTLINED IN THIS AGREEMENT. CUSTOMERS MUST ACCEPT AND ADHERE TO THESE TERMS OF SERVICE WHEN PURCHASING OR USING WAVETECH’S SERVICES OR EQUIPMENT. BY ELECTRONICALLY SIGNING THIS AGREEMENT OR THROUGH ANY OTHER FORM OF EXECUTION, OR BY USING THE SERVICES OR EQUIPMENT, THE CUSTOMER (A) ACCEPTS THIS AGREEMENT AND AGREES TO BE LEGALLY BOUND BY ITS TERMS; AND (B) REPRESENTS AND WARRANTS THAT: (I) THE REPRESENTATIVE ACCEPTING THESE TERMS FOR THE CUSTOMER IS AT LEAST 18 YEARS OLD OR OF LEGAL AGE TO ENTER INTO THIS BINDING AGREEMENT; AND (II) THEY HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE ORGANIZATION OR LEGAL ENTITY THAT IS THE CUSTOMER, AND TO BIND SUCH ORGANIZATION OR LEGAL ENTITY TO THESE TERMS. IF THE CUSTOMER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, NEITHER THE CUSTOMER NOR ITS AUTHORIZED USERS' MAY DOWNLOAD, INSTALL, OR USE THE SERVICES OR EQUIPMENT.

1. BASIC DEFINITIONS USED IN THIS AGREEMENT

• “Activation Date” means the date on which WAVETECH activates your Service.
• “Agreement” means these Terms of Service.
• “Authorized Users” means those individuals designated as users by the Customer and who are employees of the Customer.
• “Customer” means the individual or legal entity with whom WAVETECH has a business relationship and/or is accessing and/or is using WAVETECH’s Service and Equipment.
• “Customer Premise Equipment” means a telephone or other service provider equipment that is located on the customer’s premises (physical location) rather than on the service provider’s premises or in between. Telephone handsets, cable TV set-top boxes, and digital subscriber line routers are examples.
• “Device” means a Phone(s).
• “Equipment” means devices, such as an IP phone (“Phone” or “Device”), Multimedia Terminal Adapter, Analog Telephone Adapter, switch, router or any other IP connection device.
• “Parties” means WAVETECH and Customer.
• “Retail Customer” means a Customer who purchased equipment from a dealer, retail store or other provider other than WAVETECH.
• “Softphone” means a software program for making telephone calls over the Internet using a general-purpose computer rather than dedicated hardware. The softphone can be installed on a piece of equipment such as a desktop, mobile device, or other computer and allows the user to place and receive calls without requiring an actual telephone set.
• “Subscriber” means a Customer.
• “Virtual Number” means a telephone number without a directly associated telephone line, also known as a direct inward dialing (DID) or access number.
• “VoIP Service” or “Service” refers to the fully unified communications solution being offered by WAVETECH to Customer.
• “You,” “your” and “yours” mean the Customer and all Authorized Users using the WAVETECH Service and Equipment.

2. EMERGENCY SERVICES – 911 DIALING

2.1 Non-Availability of Traditional 911 or E911 Dialing Service.

The VoIP Service does not provide traditional 911 or E911 access to emergency services in all areas. In locations where traditional 911 or E911 access is unavailable, we offer a feature called "911 Dialing," a limited emergency calling service that is only accessible on WAVETECH certified Equipment. The 911 Dialing feature may not function when used with a Softphone, mobile app, Virtual Numbers, or Customer Premise Equipment provided by the Subscriber. OUR 911 DIALING FEATURE DOES NOT ACTIVATE AUTOMATICALLY; YOU MUST TAKE SPECIFIC ACTIONS, AS OUTLINED IN THIS AGREEMENT AND ON OUR WEBSITE, TO REGISTER THE ADDRESS WHERE YOU WILL USE THE SERVICE TO ENABLE THE 911 DIALING FEATURE. For every WAVETECH phone number you acquire, you must complete this process. The 911 Dialing feature of the VoIP Service significantly differs from traditional 911 or E911 services, as detailed on our website under the "Features" section. YOU MUST INFORM ANY HOUSEHOLD RESIDENTS, GUESTS, AND OTHER INDIVIDUALS PRESENT AT THE PHYSICAL LOCATION WHERE YOU USE THE VoIP SERVICE ABOUT (I) THE NON-AVAILABILITY OF TRADITIONAL 911 OR E911, AND (II) THE SIGNIFICANT DIFFERENCES AND LIMITATIONS OF THE VIIRTUE 911 DIALING FEATURE COMPARED TO TRADITIONAL 911 OR E911 DIALING. IT IS YOUR RESPONSIBILITY TO PLACE A NOTICE ON EACH DEVICE OR FIND ANOTHER WAY TO ALERT DEVICE USERS OF THESE LIMITATIONS.

2.2 Registration of Physical Location Required.

For each phone number utilized with the VoIP Service, you must register the physical location where the service will be used with WAVETECH. If you relocate the Device, you must update your location. Failing to register the new location may result in 911 Dialing calls being directed to an emergency center near your previous address. Initial location registration occurs when subscribing to the VoIP Service. Subsequently, new locations can be registered via the “911” registration link on your WAVETECH web account dashboard. Only one location can be registered at a time for each phone line used with the VoIP Service.

2.3 Confirmation of Activation Required.

The 911 Dialing feature for any phone line using the VoIP Service will remain inactive until you receive an email from us confirming its activation for that specific line.

2.4 How Emergency Personnel are Contacted.

We partner with a third party to use your registered location address to identify the nearest emergency response center and forward your call to a general number there. Upon receiving your call, the operator may not have your address or phone number, so you must provide these details to receive assistance. If any local emergency response centers do not have live operators available 24/7, we will redirect your call to a national emergency center where a trained agent will contact a nearby emergency center to dispatch help. You authorize us to share your name and address with third-party service providers, including call routers, call centers, and public service answering points, to facilitate the dispatch of emergency services to your registered location.

2.5 Service Outages.

(a) Service Outages Due to Power Failure or Disruption.

In the event of a power outage or disruption, 911 Dialing will not operate. The VoIP Service, including 911 dialing, remains non-functional until power is restored and the device(s) are "online" or registered. After a power failure or disruption, you may need to reset or reconfigure the device before using the service, including 911 dialing.

(b) Service Outages Due to Internet Outage or Suspension or Termination of Broadband Service or ISP Service.

Interruptions, suspensions, or terminations of service by your broadband provider or ISP will disable all VoIP Services, including 911 Dialing.

(c) Service Outage Due to Suspension or Termination of Your WAVETECH Account.

Disruptions resulting from the suspension or termination of your account will disable all VoIP Services, including 911 Dialing.

(d) Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts.

Your Internet Service Provider (ISP), broadband provider, or another third party may intentionally or unintentionally block the ports used for the VoIP Service or otherwise hinder its usage. If this occurs, please notify us, and we will work with you to resolve the issue. During the time that the ports are blocked or your VoIP Service is hindered, and until the blocking or hindrance is resolved, your VoIP Service, including the 911 Dialing feature, may not function. You acknowledge that Viirtue is not responsible for any port blocking by your ISP or broadband provider or any other hindrance to your VoIP Service usage, and any resulting service loss, including 911 Dialing. If you lose VoIP Service due to port blocking or any other hindrance, you remain responsible for paying the Service charges until you terminate the Services in accordance with this Agreement.

(e) Other Service Outages. 

If there is a VoIP Service outage for any reason, such outage will prevent all VoIP Service, including 911 Dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.

2.6 Re-Activation Required if You Change Your Number or Add or Port New Numbers.

If you change your phone number or add or port new numbers to your account, 911 Dialing will not work until you successfully register the location of use for each modified, newly added, or newly ported phone number.

2.7 Network Congestion; Reduced Speed for Routing or Answering 911 Dialing Calls.

(a) Network Congestion. 

There is a higher likelihood of network congestion and/or slower routing speed for 911 Dialing calls using the Service compared to traditional 911 dialing over the conventional public telephone network.

(b) Analytics monitoring. 

WAVETECH uses advanced analytics monitoring for all calls on our WAVETECH server. Calls are data captured and stored on these servers for up to (14) days for troubleshooting purposes along with packet captures and other important tools to help remedy any call quality issues you might experience. WAVETECH WILL NOT listen to any calls on this server without explicit consent from Customer. Any customer may opt out of this troubleshooting and monitoring service by opening a ticket at support@wavetechpr.com.

2.8 Possible Lack of Automatic Number Identification.

Local emergency personnel may not always be able to automatically retrieve your phone number when using 911 Dialing. Although our system is designed to send automatic number identification, the traffic is routed by one or more telephone companies, not by us, to the emergency response center. This center might be unable to receive and relay the information. Consequently, the operator answering your 911 Dialing call might not have access to your phone number and may be unable to call you back if the call is incomplete, not forwarded, dropped, disconnected, if you cannot speak to provide your number, or if the Service is non-operational for any reason.

2.9 No Automated Location Identification.

In many service areas, the current system does not support transmitting your registered address to the local emergency response center for 911 Dialing. You must clearly and promptly communicate the nature of your emergency, including your location and possibly your phone number, as the operator will lack this information. Emergency personnel will be unable to locate you if the call is incomplete, not forwarded, dropped, disconnected, if you're unable to speak, or if the Service is not functioning for any reason.

2.10 Disclaimer of Liability and Indemnification.

We do not control how calls using our 911 Dialing service are answered or managed by local emergency response centers. We disclaim responsibility for the actions of these centers and the national emergency calling center. Our reliance on third parties for routing 911 Dialing calls means we are not liable for any incorrect or erroneous data used. Neither WAVETECH nor its affiliates, owners, officers, managers, directors, employees, independent contractors, or agents can be held liable for any claims, damages, or losses related to our 911 Dialing service, except in cases of gross negligence, recklessness, or willful misconduct. You agree to defend, indemnify, and hold harmless WAVETECH and its affiliates from any claims, losses, damages, fines, penalties, costs, and expenses (including attorneys' fees) related to the absence, failure, or outage of the Service, including 911 Dialing, incorrectly routed calls, or the inability to access emergency services.

2.11 Alternate 911 Arrangements.

If you're uneasy with the limitations of the 911 Dialing service, consider alternative ways to access traditional 911 or E911 services, or discontinue the Service.

3. SERVICE DISTINCTIONS

3.1 The Service is not a telecommunications service and WAVETECH provides it on a best effort basis. Important distinctions exist between telecommunications service and the Service offering that WAVETECH provides.

The Service is subject to different regulatory treatment than telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.

3.2 No 0+ or Operator Assisted Calling; May Not Support x11 Calling.

The Service does not support 0+ or operator-assisted calling, including but not limited to collect calls, third-party billing calls, or calling card calls. The Service may not support 311, 511, and other x11 services, except for certain specified dialing such as 911 and 411, as detailed elsewhere in this Agreement, in some or all service areas.

3.3 No Directory Listing.

Phone numbers provided by us will not appear in telephone directories. However, numbers transferred from your local phone company might be listed. Consequently, individuals with your phone number may be unable to use a reverse directory to find your address.

3.4 Incompatibility with Other Services.

(a) Security Systems/Fire Alarm/Elevator/Postage. 

The Service might not work with security systems or fire alarms. You may need to keep a telephone line with your local exchange carrier to use any alarm monitoring features for systems installed in your home or business. It is your responsibility to contact the alarm monitoring company to check the compatibility of any alarm monitoring or security system with the Service.

(b) Certain Broadband and Cable Modem Services. 

You recognize that the Service might not currently be compatible with certain broadband services. Additionally, some broadband service providers may offer modems that block communication transmission using the Service. We do not guarantee compatibility with all broadband services and explicitly disclaim any express or implied warranties regarding the Service's compatibility with specific broadband services.

3.5 Use of Service and Device by Customers Outside the United States.

While we encourage using the Service to make calls to foreign countries from within the United States, Puerto Rico, and Canada, we currently do not offer or support the Service in any other countries. If you use the Service or the Device outside these regions, you will be solely responsible for any violations of local laws and regulations. We reserve the right to immediately terminate your Service if we determine, at our sole discretion, that the Service or the Device has been used outside the United States, Puerto Rico, or Canada.

4. TERM AND TERMINATION

4.1 Term.  

Service is provided based on the term specified in your service activation and/or order form, or through our online ordering system. The Initial Term starts on the Activation Date and concludes at 11:59 p.m. on the day before the anniversary of your Term, with auto-renewal options (refer to Section 4.2). For instance, if your Initial Term is two years and activates on August 1st, it will conclude on July 31st, two years later. Subsequent terms automatically renew for the same duration as the Initial Term (each a “Renewal Term”) unless you provide Viirtue with written notice of non-renewal as outlined in Section 4.2 below. The Initial Term and each Renewal Term together constitute the “Term.”

(a)  Termination of Existing Contracts. 

You are responsible for canceling any existing contracts with your current carrier or service provider. WAVETECH is not liable for terminating these contracts or for any damages resulting from your failure to do so.

4.2 Auto-Renewal.

(a) Auto-Renewal Where Term is Greater Than Thirty Days.  

At the end of your Initial Term and each Renewal Term, your Service will  automatically renew for a renewal term of a duration that is the same as your Initial Term (each a “Renewal Term”) unless you send to WAVETECH by USPS certified mail or via an e-mail directed to billing@wavetechpr.com written notification of your desire to terminate Service at the end of the then-applicable Initial Term or Renewal Term (“Termination Notice”).  The Termination Notice must be received at least sixty (60) days before the expiration of the then applicable Initial Term or Renewal Term or the agreement shall automatically renew. The Termination Notice is valid only if it includes your WAVETECH phone number, Customer name, date you wish the Service to be terminated and is submitted in accordance with this section.

(b) Auto-Renewal Where Term is Month-to-Month.  

If your Service is based on a month-to-month term, your Service will continue month-to-month until you send to WAVETECH by USPS certified mail or via an e-mail directed to billing@wavetechpr.com written notification of your desire to terminate Service (“Termination Notice”).  The Termination Notice must be received at least thirty (30) days before the expiration of the then-current month of the Term or you will be responsible for payment for the subsequent full month. The Termination Notice is valid only if it includes your WAVETECH phone number, Customer name, date you wish the Service to be terminated and is submitted in accordance with this section.

(c)  Notice to Terminate by WAVETECH.  

If WAVETECH chooses not to extend a Term through auto-renewal, they will provide you with a Termination Notice following the same procedure and timeframe required of you, resulting in the termination of Service at the end of the current Term.

4.3 Termination; Effect of Termination of Service; Payment for Full Term.

(a)  Termination by You Prior to End of Term.  

Ending the Service does not exempt you from settling all accrued and unpaid charges for the Service provided up to the termination date. Additionally, if you choose to terminate the Service before the end of the current Term, you are required to pay all charges for the remainder of that Term and promptly return all Equipment. These charges include, but are not limited to, unbilled charges for the remaining Term and a Termination Fee (if applicable), all of which become immediately due upon Service termination and must be paid within ten (10) days. For instance, if you are one year into a two-year term and wish to end the Service before the term concludes, you are still liable for the Service fees for the rest of the two-year term, and these charges must be settled within ten (10) days of the termination date.

(b)  Termination by WAVETECH Prior to End of Term for Cause.  

WAVETECH reserves the right, at its sole discretion, to terminate the Service and use of Equipment before the end of the Term for "Cause." "Cause" is defined as:

1. Violation of these Terms of Service or any other agreement between you and WAVETECH. Except for breaches that are incurable, unlawful, involve Prohibited Acts in Section 4, or tampering as per Section 6.2, WAVETECH will provide written notice and a thirty (30) day period to remedy the issue before terminating for Cause.
2. When a Customer's use of the Service is illegal, disruptive, negatively affects, or causes malfunctions to the Service, WAVETECH's servers, other equipment, or interferes with other users' use and enjoyment.; or
3. When WAVETECH receives a court order from a competent jurisdiction to terminate the Customer’s Service.

In the event of Termination for Cause, you are required to pay all charges for the rest of the current Term and return all Equipment. These charges include any unbilled amounts for the remaining Term and a termination fee, if applicable, all of which must be paid within ten (10) days of Service termination. For instance, if you are one year into a two-year term and wish to terminate Service early, you remain liable for all Service fees for the rest of the term, due within ten (10) days of the termination date. WAVETECH may also pursue claims for damages or seek injunctive relief.

(c)  Number Transfer on Service Termination. 

Upon ending your Service, WAVETECH may, at our sole discretion, transfer your ported telephone number to your new service provider if:

1. such new service provider is able to accept such number;
2. your account has been terminated by you in accordance with these Terms of Service, or by WAVETECH for reasons other than for Cause under Section 3.3(b);
3. your account is completely current, including payment for all charges and applicable termination fees; and
4. you request the transfer in writing upon terminating your account.

5. PROHIBITED ACTS AND USES; COMPLIANCE WITH APPLICABLE LAWS

5.1 No Resale, Transfer, or Assignment Without Written Consent. You are prohibited from reselling, transferring, or assigning the Service or rented Equipment to another party without obtaining our prior written consent. If consent is provided, at WAVETECH’s sole discretion, WAVETECH reserves the right to charge a transfer fee.

5.2 Unacceptable Behavior. You must avoid using abusive, threatening, or harassing language when communicating with WAVETECH’s technical support, customer service, or any other WAVETECH employees or representatives.

5.3 Prohibited Uses and Inappropriate Conduct.

(a) Unlawful Purposes or Usage. 

You must use the Service and Equipment solely for lawful purposes. Prohibited uses include, but are not limited to, employing the Service for autodialing, continuous or excessive call forwarding, telemarketing (including charitable or political solicitation or polling), and fax or voicemail broadcasting or blasting. We retain the right to immediately terminate or modify your Service if we determine, at our sole discretion, that you have engaged in any of these or similar activities. Should such termination occur, you will be liable for all fees and charges through the end of your current Term, as detailed in Section 3.3(b) above, regardless of the remaining duration, and must return all Equipment as specified below.

(b) Inappropriate Conduct. 

You must not use the Service or Device in any manner that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, or invasive of another's privacy, or engage in similar conduct, whether or not it constitutes a criminal act. We reserve the right to terminate your Service immediately if, at our sole discretion, we determine that you have engaged in any of these activities. If such termination occurs, you will be liable for all fees and charges through the end of your current Term, as detailed in Section 3.3(b), regardless of the remaining duration.

(c)  Authorization to Report Unlawful or Inappropriate Conduct. 

If we suspect that you have used the Service or Equipment for illegal activities or engaged in inappropriate behavior, we may send relevant communications and information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our sharing of such communications and information with these authorities. Additionally, WAVETECH will provide information in response to law enforcement requests, subpoenas, court orders, to protect its rights and property, and in situations where not disclosing the information may lead to imminent harm to the Customer, its users, or others.

5.4 Unlawful or Inappropriate Content. You are responsible for any liability arising from the content transmitted by you or any person, authorized or unauthorized, using your Service or Device (each referred to as a “User”). Your use and your Users' use of the Service and content must comply with all applicable laws, regulations, and written and electronic usage instructions. We reserve the right to terminate or suspend your Service and remove your or your Users’ content if we determine, at our sole discretion, that such use or content does not meet the requirements outlined in this Agreement or interferes with our ability to provide Service to you or others. Our actions or inactions under this Section do not constitute any review or approval of your or Users’ use or content.

5.5 Recording Conversations. WAVETECH offers a feature enabling users to record individual phone conversations. The legal requirements for notifying and obtaining consent for such recordings differ across states. It is the Customer's responsibility to adhere to local, state, and federal laws applicable in their jurisdiction when utilizing this feature. Furthermore, WAVETECH will not modify any call recordings to ensure compliance with legal standards.

5.6 Compliance with Laws Related to Faxing.  Laws and regulations in Canada, the United States, and other countries govern the sending of facsimiles. WAVETECH strictly prohibits any unlawful use of its Service that may violate applicable laws or regulations, including the Telephone Consumer Protection Act. You are solely responsible for ensuring compliance with all such laws and regulations, including those concerning unsolicited advertising. You expressly release WAVETECH from any responsibility for your use of our Fax services and guarantee that they comply with all relevant laws and regulations regarding facsimile transmission. You agree to contractually require and make reasonable efforts to ensure that you and your end-users:

(a) Ensure that our Fax services are used solely for lawful purposes and that your usage complies with all applicable federal, state, and local laws and regulations, including, but not limited to, the provisions of the Telephone Consumer Protection Act.

(b) Avoid utilizing our Fax services to transmit any content that is illegal, harmful, threatening, abusive, defamatory, vulgar, obscene, profane, hateful, or otherwise objectionable. This encompasses, but is not limited to, promoting activities that could lead to criminal conduct, infringe on third-party rights, result in civil liability, or breach any local, state, federal, or other laws or regulations.

(c) Do not use our Fax services to upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right without first obtaining permission from the rights holder.

(d) Adhere to all relevant laws, regulations, and conventions, including those concerning data privacy, international communications, the export of technical or personal data, and the transmission of specific unsolicited facsimiles.

6. COPYRIGHT; TRADEMARK; UNAUTHORIZED USAGE OF DEVICE; FIRMWARE OR SOFTWARE.

6.1 Copyright; Trademark. The Service, Device, and any firmware or software used to deliver the Service, or provided alongside it, including those embedded in the Device, as well as all Services, information, documents, and materials on our websites, are protected under trademark, copyright, or other intellectual property laws and international treaties. All our websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively “Marks”) are and will always remain the exclusive property of WAVETECH. This Agreement does not grant you any right or license to use any of our Marks.

6.2 Unauthorized Usage of Device; Firmware or Software. You are only permitted a nontransferable, revocable license to use the firmware or software provided with the Service or embedded in the Device, strictly in object code form and in accordance with these Terms of Use and any other agreements with WAVETECH. You agree that the Device is solely for use with the Service, and we will not supply any passwords, codes, or assistance for other uses. You must not reverse compile, disassemble, reverse engineer, or attempt to derive the source code from the firmware or software's binary code.

7. DEVICE/EQUIPMENT TERMS

7.1 Use of Service only; Customer Supplied Equipment; Use of Interface Devices. For customers using the Service only, you are responsible for providing, operating, and supporting the Customer Premise Equipment needed for the Service. Any equipment you supply must receive prior written approval from WAVETECH. Regardless of WAVETECH's approval, if your chosen equipment is incompatible with the Service or disrupts its effectiveness and delivery, WAVETECH is not liable for these issues, and you will not receive a fee reduction or the right to terminate the Service before the end of your Term, as per these Terms of Service. We reserve the right to prohibit the use of any interface device not provided by us. You confirm and guarantee that you have all necessary rights, including software and/or firmware licenses, to use any interface device not supplied by us. Additionally, you agree to indemnify and hold us harmless from any liability arising from your use of such interface devices with the Service.

7.2 Tampering with the Device or Service. You are prohibited from altering the electronic serial number or equipment identifier of the Device or performing a factory reset without our prior written consent. You must not attempt to hack or disrupt the Service or use it in a manner inconsistent with its intended purpose. We reserve the right to terminate your Service immediately for Cause if we determine, at our sole discretion, that you have tampered with the Device or Service. If such termination occurs, you will be liable for all fees and charges until the end of your current Term, as detailed in Section 3.3(b), regardless of the remaining duration.

7.3 Theft of Device/Service. Please notify us immediately, either in writing or by calling our customer support line, if your Equipment is stolen or if you become aware of any unauthorized or fraudulent use of your Service. When contacting us, include your account number and a detailed description of the situation regarding the Equipment theft or unauthorized use. Failure to report promptly may result in the termination of your Service and additional charges. Until we receive notice of the theft or unauthorized use, you will be responsible for all usage of the Service with the stolen Device and any unauthorized or fraudulent use.

7.4 Return of Purchased Equipment – (Does Not Apply to Customers who use Equipment not provided by WAVETECH directly)

(a) Retail Customers. 

A Retail Customer may only return the device to the retail store, dealer or other provider from which the Retail Customer purchased the device.  All returns will be subject to the return policy of such retail store, dealer or other provider. WAVETECH will not accept any device from a retail store.

(b) Non-Retail Customers. 

Non-Retail Customers can return the Device to WAVETECH within fourteen (14) days after Service termination to receive a credit for the termination fee, less a $75.00 restocking fee per Device, provided that:

1. the Service is terminated within the first thirty (30) days following the activation of the Service;
2. the Device is in original condition, reasonable wear and tear excluded;
3. the original proof of purchase is returned with the Device, together with the original packaging, all parts, accessories, and documentation;
4. prior to returning the Device to us, you obtain a valid return authorization number from our customer care department, which can be reached at support@wavetechpr.com. This email address is being protected from spam bots, you need JavaScript enabled to view it or call (787) 949-5588; and
5. you pay all costs of shipping the Device back to us.

If you receive cartons or otherwise packaged Devices that are visibly damaged, you must note the damage on the carrier’s freight bill or receipt and keep a copy. In such event, you must keep the original carton, all packing materials and parts intact in the same condition in which they were received from the carrier and contact our customer care department immediately at support@wavetechpr.com. This email address is being protected from spam bots, you need Javascript enabled to view it or call (787) 949-5588.

7.5 Special Order Items Provided Through WAVETECH. Certain Devices cannot be returned since they were ordered specifically for you and are non-returnable to the manufacturer. However, if the item is defective, you may return it within 30 days, and we will provide a suitable replacement. Refunds will only be issued if a suitable replacement is unavailable.

7.6 Warranty on Purchased Phones.  All Phones purchased through WAVETECH (not any 3rd party) are eligible for a warranty that is the manufacturer’s warranty. The warranty covers defects in the Phone, not your loss of a phone or damage to it.  WAVETECH will cover replacement phone cost and shipping cost to your location and return shipping.  The defective phone(s) must be received within (7) business days by our Return Merchandise Authorization department or you will be charged the full retail price of a new Phone.

7.7 Rented Equipment.  WAVETECH offers customers the option to rent Equipment. To do so, a Customer must commit to a 36-month Initial Term. The Equipment remains under warranty for the duration of the Term, provided that invoices are paid on time. This warranty covers defects in the Equipment but does not cover loss or damage. If you choose to rent Equipment from WAVETECH, you will either execute an Addendum to this Agreement or the rental terms will be included in your Activation Agreement or Purchase Order.

(a) Rental Termination Fee (phones, etc.).  

If you have rented Equipment from WAVETECH and terminate this Agreement before the end of the then-applicable Term, you will be liable for an early termination fee of: (a) FULL MRSP PRICE for each PHONE/DEVICE returned to WAVETECH before HALF of the Term has transpired and (b) HALF MRSP PRICE for each PHONE/DEVICE returned to WAVETECH after HALF of the Term has transpired. You may also be charged a Restocking fee of $75.00 per Device for Devices returned prior to the end of the applicable Term.

(b) Return of Rented Equipment.  

If you are renting Equipment from WAVETECH, you are required to return it, at your expense, in good working order and condition upon termination of Service. If you do not return the Equipment within thirty (30) business days of the termination date and continue to delay for ten (10) days after receiving notice from WAVETECH, criminal charges for theft of equipment may be filed against you, along with other civil and criminal claims. If the Equipment is damaged upon receipt by WAVETECH, you will be charged the FULL MRSP.

7.8 Risk of Loss. 

When you purchase or lease Equipment from WAVETECH, you assume all risk for loss, theft, damage, or casualty to the Equipment from the moment it is shipped to you until it is returned to WAVETECH, as per this Agreement. You will be charged the FULL MRSP PRICE for any PHONE/DEVICE that is lost, stolen, or damaged.

8. SERVICE LEVEL AGREEMENT

8.1 Technical Support SLA. WAVETECH aims to address all service requests within four (4) business hours and service-impacting requests within two (2) hours. If on-site support is necessary, a technician will be dispatched within 8 business hours. "Business Hours" are from 8:30 a.m. to 5:00 p.m. EST. If an issue is caused by something other than a WAVETECH-provided device or service not damaged by the customer, on-site support is billed at $175 per hour with a $75 destination fee. After-hours support for non-service-impacting issues is billed at $262.50 per hour in 30-minute increments for remote support. On-site after-hours support for non-service-impacting issues is billed at $262.50 per hour (2-hour minimum) plus a $75 destination fee. After-hours support for service-impacting issues caused by a WAVETECH-provided device or service is covered by your standard subscription unless otherwise stated on your Service Activation Form. After-hours are defined as EST hours between 5:00 p.m. and 8:30 a.m. EST, Monday through Friday, and weekends.

8.1a New Retail Customer Activation Fees. WAVETECH offers a service to deploy a technician for onsite installation within 60 miles of our operating offices for new service activation. Activation fees apply per user:

1 year term: $99/user
2 year term: $79/user
3 year term: $55/user

8.1b Channel partner activation fees for our hybrid sell through model (where a channel partner bills directly, but WAVETECH handles the installation) follow the following schedule:

1 Year Term: $79/user
2 Year Term: $69/user
3 Year Term: $49/user
MTM Term: $99/user

The Installation SOW (Scope of Work) encompasses device setup, testing, and end-user training. Each site visit includes up to 8 business hours and one visit, unless specified otherwise in your agreement. WAVETECH team members are not responsible for installing or troubleshooting customer network equipment. The customer site must be ready for cut-over upon arrival. Return visits due to unqualified networks will incur a billable charge as per our technical support SLA in section 8.1.

8.2 Platform SLA.  WAVETECH’s UCaaS platform guarantees 99.99% uptime. If this standard is not met in any given month, you will receive a 10% credit on your next month’s bill for services directly related to this platform. This guarantee excludes scheduled maintenance downtime, which will be announced in advance and conducted after hours. Credits do not apply to disruptions caused by factors beyond WAVETECH’s control, such as Internet provider outages, customer/ISP network packet loss, customer-owned equipment failures, non-compatibility issues (e.g., switches, routers, non-supported firewalls), and other issues outlined in Section 11.1 that are not caused by WAVETECH.

9. BILLING; BILLING DISPUTES; PAYMENTS

9.1 Billing; Fees and Charges. Upon Service activation, you must supply a valid email address. WAVETECH will bill all charges, applicable taxes, and surcharges monthly in advance to your credit/debit card or ACH/eCheck. Usage-based and applicable support charges, along with any other charges determined to be billed in arrears, will be billed monthly in arrears, consistent with your service activation and/or order form, including but not limited to:

1. activation fees;
2. monthly Service fees;
3. international usage charges;
4. advanced feature charges;
5. equipment purchases;
6. termination fees; and
7. shipping and handling charges.

The fees and charges will be listed on our website and may be updated periodically. However, any price increase will not affect your account until the end of a Term and will only apply during a Renewal Term if you are notified of the increase 60 days before the current Term ends. Monthly invoice notifications will be sent to your registered email. Usage charges will be rounded up to the nearest minute unless specified otherwise in our rate schedules. If you use new features, WAVETECH may charge for these enhancements, increasing your monthly invoice pricing.

9.2 Taxes. You are accountable for all applicable federal, state, provincial, municipal, local, or other governmental sales, use, excise, value-added, personal property, public utility, or other taxes, fees, or charges currently in force or enacted in the future, arising from your subscription, use, or payment for the Service or a Device. These amounts are additional to the payment for the Service or Devices and will be billed to you as per this Agreement. If you are exempt from these taxes, you must provide an original certificate that meets legal requirements for tax-exempt status. By submitting this, you indemnify WAVETECH from any liability if your representation is incorrect. Tax exemption will only apply from the date we receive the certificate.

9.3 Billing Disputes. To dispute any WAVETECH charges, you must notify us in writing within thirty (30) days of the invoice date. Failing to do so will result in waiving your right to contest the charges. Please send all notices of disputed charges to:

Wave Technology, LLC
Attn: Billing Department
310 Hostos Avenue
Vista Verde Shopping Center, Suite 217, A-15
Mayaguez, PR 00680
(787) 949-5588

-or-

billing@wavetechpr.com

9.4 Payments. WAVETECH accepts payment only via credit, debit card, and ACH, unless alternative terms are agreed upon in writing by WAVETECH. Your Service subscription authorizes WAVETECH to charge your credit, debit card, and ACH. This authorization remains valid until 30 days after we receive written notice from you terminating our charging authority. At that point, we will charge your card for any applicable termination fees and outstanding charges, including those for damaged or unreturned rented Equipment, and terminate your Service. We may terminate your Service at our discretion if any charge to your card is declined or reversed, your card expires without a valid replacement provided, or in cases of other non-payment of account charges.

9.5 Late Fee. A late fee of $3.95 or 2% of the monthly invoice, whichever is higher, will be charged if an invoice is unpaid within 21 days of the Payment Due Date.

9.6 Collection. If you owe WAVETECH any overdue amounts and we incur collection costs, including attorney's fees and expenses, we are entitled to recover these costs from you in full.

9.7 Suspension of Service. All invoices are due within 15 days unless a different agreement is made in writing with WAVETECH. Accounts overdue by 45 days or more will automatically have their service suspended. If payment methods are declined, service may also be automatically suspended. WAVETECH reserves the right to suspend service if you breach any terms of this Agreement and do not resolve the issue promptly after being notified or refuse to address the breach. You remain responsible for all monthly fees during any suspension due to non-payment.

9.8 Effective 4/1/26 WAVETECH has gone paperless.  Legacy customers opting to pay by paper check will incur a $5 processing fee. To avoid this fee, you can use our secure payment portal to pay by e-check.

10. 30 DAY SATISFACTION GUARANTEE.

We are confident that you will find WAVETECH to be an ideal solution for your communication needs, but in the event you do not find it to be a good fit for you, you can upgrade, downgrade or cancel your activation within the first 30-days from the Activation Date by sending written notice to support@wavetechpr.com within the 30-day period. If you downgrade or cancel, we will refund the applicable activation fee and monthly charge for the first month of Service.  Before you make a decision, we hope you will reach out to share your issues and give us a chance to meet your needs as the problem may be unrelated to WAVETECH, such as Internet provider outages, customer/ISP network packet loss, or customer owned equipment failures or non-compatibility (ex. switches, router, non-supported firewall). These same problems will likely exist with any VoIP providers so let our trouble shooter experts assist you.

If cancelling during the 30-day guarantee period, please email support@wavetechpr.com, return the Equipment to us (cost of shipping to be borne by you) and a refund will be issued, unless the Equipment is damaged or missing. Federal excise taxes and any other applicable taxes cannot be refunded. You will remain responsible for any charges for usage fees including but not limited to local or international usage, calls to WAVETECH toll free numbers and directory assistance. We reserve the right to terminate or revoke this money back guarantee at any time, without prior notice.

11. MISCELLANEOUS CHARGES.

11.1 Payphone Charges. If you utilize our "Toll Free" feature or any future toll-free service we provide, we reserve the right to recoup any charges imposed on us, directly or indirectly, for toll-free calls made to your number. We may recover these costs through a per-call charge, rounded up to the nearest cent, or by another method we find suitable for cost recovery.

11.2 Charges for Directory Calls (411). We will charge you $1.50 for each call made to WAVETECH directory assistance.

11.3 Charges for Conference Bridge Calls. This is a free service for up to 25 users. You must contact WAVETECH support at support@wavetechpr.com to enable conferences more than 25 callers.  Overage is billed at .015 per minute / per conference participant. The per minute usage fee will be calculated based on all participants on the conference bridge, including on-network and off-network participants.

11.4 FCC Regulatory Fee: A regulatory fee is added to comply with all Federal and State Communication registrations and filings.  The current fee is $15.43. This will change from year to year but will not exceed a 15% increase/decrease per year.

12. LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTIES

12.1 Limitation of Liability. WAVETECH shall not be responsible for any delays or failures in providing the Service, including 911 Dialing, at any time or from time to time, nor for any interruptions or degradation in voice quality resulting from any of the following:

• an act or omission of an underlying carrier, service provider, vendor or other third party;
• equipment, network or facility failure;
• equipment, network or facility upgrade or modification;
• force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions (including those associated with epidemics and pandemics);
• equipment, network or facility shortage;
• equipment or facility relocation;
• service, equipment, network or facility failure caused by the loss of power to you;
• outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of the Service caused by any third party;
• any act or omission by you or any person using the Service or Device provided to you; or
• any other cause that is beyond our control, including, without limitation, a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 Dialing) to be connected or completed, or forwarded.

Our total liability under this Agreement will not exceed the lesser of (a) the Service charges for the affected time period, or (b) the Service charges paid by the Customer to WAVETECH in the six months preceding the event that caused the liability.

12.2 Disclaimer of Liability for Damages. UNDER NO CIRCUMSTANCES SHALL WAVETECH, ITS OWNERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AFFILIATES, AGENTS, OR ANY SERVICE PROVIDER ASSOCIATED WITH THE SERVICE AND EQUIPMENT IN THIS OR ANY OTHER AGREEMENT WITH YOU BE RESPONSIBLE FOR INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE OR EQUIPMENT, INCLUDING FAILURE TO ACCESS EMERGENCY SERVICES VIA 911 DIALING OR TO OBTAIN EMERGENCY ASSISTANCE, UNLESS CAUSED BY VIIRTUE’S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT. THESE LIMITATIONS APPLY TO CLAIMS BASED ON BREACH OF CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT, AND ANY OTHER LIABILITY THEORIES, REGARDLESS OF WHETHER WAVETECH OR ITS AGENTS WERE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

12.4 No Warranties on Service. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM USAGE OF TRADE, COURSE OF DEALING, OR PERFORMANCE. WE DO NOT GUARANTEE THAT THE SERVICE OR EQUIPMENT WILL BE FREE OF FAILURES, DELAYS, INTERRUPTIONS, ERRORS, VOICE QUALITY DEGRADATION, OR LOSS OF CONTENT, DATA, OR INFORMATION. NEITHER WAVETECH NOR ITS AFFILIATES, INCLUDING OWNERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR INVOLVED WITH THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO TRANSMISSION FACILITIES OR PREMISES EQUIPMENT, OR FOR UNAUTHORIZED ACCESS, ALTERATION, THEFT, OR DESTRUCTION OF CUSTOMER DATA, FILES, PROGRAMS, PROCEDURES, OR INFORMATION, EXCEPT WHERE CAUSED BY WAVETECH’S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.

12.5 Device Warranties.

(a) Limited Warranty. Unless otherwise specified, if you received a new Device from WAVETECH with a limited warranty, please consult the separate warranty document provided with the Device for details on warranty limitations and disclaimers. Remedies for any warranty breaches are restricted to those outlined in that documentation.

(b) Disclaimer. EXCEPT FOR THE WARRANTIES SPECIFICALLY OUTLINED IN THE MANUFACTURER'S WARRANTY DOCUMENTATION PROVIDED WITH THE DEVICE PURCHASED FROM WAVETECH, WE DO NOT OFFER ANY OTHER WARRANTIES, EXPRESS OR IMPLIED. WE EXPLICITLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING, OR PERFORMANCE. WE ALSO DO NOT GUARANTEE THAT THE DEVICE OR ANY FIRMWARE OR SOFTWARE WILL BE ERROR-FREE OR MEET CUSTOMER REQUIREMENTS. THIS DISCLAIMER DOES NOT LIMIT ANY OTHER DISCLAIMERS OR LIMITATIONS OF WARRANTY STATED IN THE DEVICE'S DOCUMENTATION.

13. PRIVACY AND SECURITY.

WAVETECH’s Service utilizes, in whole or in part, the public Internet and third-party networks to transmit voice and other communications. WAVETECH is not liable for any lack of privacy which may be experienced with regard to the Service. WAVETECH uses all latest technology and best efforts to ensure your data is encrypted and secure, including but not limited to voice transport layer security (TLS) and optional Secure Real Time Transport Protocol (SRTP). However, SRTP is optional and a chargeable feature. Please refer to our website at wavetechpr.com for additional Privacy Policy information.

14. ELECTRONIC COMMUNICATIONS.

When you visit wavetechpr.com, sign up for Service, or send e-mails to WAVETECH, you are communicating with us electronically. By agreeing, you consent to receive electronic communications from us. It is your responsibility to maintain and update a valid email address with us at all times; WAVETECH is not liable for service interruptions, suspensions, or terminations due to non-payment if you fail to receive an email. You agree that all agreements, notices, disclosures, and other communications we provide electronically fulfill any legal requirement for written communication. You cannot opt out of WAVETECH’s essential emails regarding account notifications, balance updates, and subscription renewals. However, you can opt out of newsletters and feature updates by clicking the link at the bottom of all optional email correspondence.

15. MISCELLANEOUS.

15.1 Assignment. The Customer cannot assign or transfer this Agreement or any rights or interests under it without WAVETECH’s written consent. WAVETECH can assign its rights and obligations under this Agreement to any affiliate, subsidiary, or third-party affiliate through merger, acquisition, consolidation, or sale of assets or equity, without needing the Customer's consent. Any unauthorized assignment or transfer is invalid. This Agreement is binding on the Parties and their successors and permitted assigns.

15.2 Notice. Notices to the Customer in connection with this Agreement may be sent electronically at the then-current e-mail address associated with the Customer’s account, by facsimile at the then-current facsimile number associated with the Customer’s account, or by first class mail or nationally recognized overnight delivery service to the then-current mailing address associated with the Customer’s account. Notices to WAVETECH in connection with this Agreement may be sent electronically to billing@wavetechpr.com or by first class mail or nationally recognized overnight delivery service to the Billing Department address set forth in Section 16 hereinbelow.  Either Party may change either its e-mail or postal address by notice pursuant to this provision.

15.3 No Third-Party Beneficiaries. This Agreement does not grant any remedies, claims, liabilities, reimbursements, or causes of action, nor does it create third-party beneficiary rights for anyone not a party to this Agreement.

15.4 Governing Law. The Agreement and the relationship between you and WAVETECH are governed by the laws of the Commonwealth of Puerto Rico, excluding its conflict of law provisions. All disputes must be settled in Mayaguez, Puerto Rico.

15.5 Mandatory Arbitration and No Jury Trial. Any dispute or claim between you arising out of or relating to the Service or Equipment will be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration will take place in Mayaguez, Puerto Rico. The arbitrator’s decision will be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN TWO (2) YEARS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. All claims shall be arbitrated individually. You shall not bring or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.

15.6 No Waiver of Rights. Failure to exercise or enforce any right or provision of this Agreement does not waive that right or provision.

15.7 Entire Agreement. This Agreement, along with any future modifications as outlined within its terms and the service rates listed on our website, represents the complete agreement between you and WAVETECH. It governs the use of the Service by you, your business members, employees, and guests. This Agreement overrides any previous agreements between you and WAVETECH, as well as any prior or simultaneous statements, understandings, writings, commitments, or representations related to its subject matter. The only exception is a written Addendum to these terms, executed by WAVETECH and you, expressly stating its intention to modify these terms.

15.8 Severability. If any section of this Agreement is found to be invalid or unenforceable by law, the remaining sections will continue to be valid and enforceable. This invalidity or unenforceability will not affect any other part of this Agreement.

15.9 Survival. The obligations of both Parties under this Agreement that naturally extend beyond its termination, cancellation, or expiration, including but not limited to provisions on Warranties, Limitation of Liability, and Indemnification, shall remain in effect.

16. REVISIONS TO TERMS OF SERVICE.

WAVETECH may change the terms and conditions of this Agreement from time to time, including the policies that are applicable to your usage of the Service. Notice is deemed given when WAVETECH posts the revised Terms of Service here: https://wavetechpr.com/terms-of-service/.  Such changes will become binding on you on the date they are posted to our website and no further notice by us is required upon your continued use of the Service. You agree to visit this page and the links therein periodically to be aware of and review any such revisions. The Agreement as and when posted supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of the Device.

17. CONTACTS

Mayaguez, PR 00680

Support:

support@wavetechpr.com

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billing@wavetechpr.com

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