CallPerfect Terms of Service

1. Who can use CallPerfect, and how you accept these Terms

1.1 CallPerfect is sold to businesses. It is not sold for personal, family or household use. When you accept these Terms, you confirm that you are buying the service for your business.

1.2 You accept these Terms when you tick the box or click the button that says you agree to them during registration, or when you sign an order or quote that refers to them. If we have told you that these Terms apply to your account and you use the service without doing either, your use also means that you accept them.

1.3 The person who accepts must be at least 18 and must have authority to bind the business. If you do not have that authority, or you do not agree, do not sign up for or use the service.

1.4 You confirm that your business is not a person whose property is blocked under United States sanctions, is not owned, directly or indirectly, 50 percent or more in total by one or more such persons, and is not located in a country or region subject to comprehensive United States sanctions. You will tell us promptly if any of that changes. You must not use the service, or allow anyone to use it, in breach of United States sanctions or export laws.

2. The documents that make up your agreement

2.1 Your agreement with us is made of:

1. these Terms;
2. your order or quote, which says what you bought and its price, together with any written approval or agreement that we give you under these Terms, such as an approval to pay by invoice (together, your "order");
3. our Acceptable Use Policy, which sets the rules for how the service may be used; and
4. our 911 Emergency Calling Notice (the "E911 Notice"), which explains how 911 calling works through CallPerfect and its limits.

The Acceptable Use Policy and the E911 Notice are part of these Terms. Our Privacy Policy explains how we handle information.

2.2 If these documents disagree, your order controls its prices, quantities and plan, and these Terms control everything else. Where the Acceptable Use Policy or the E911 Notice says something more specific about how the service may be used or how 911 works, that more specific statement applies. Section 22.1 decides how these Terms, the Acceptable Use Policy and the E911 Notice may be changed.

3. Your account and your users

3.1 You are responsible for your account and for everyone you allow to use it, including your administrators, employees and contractors ("users"). You must make sure your users follow these Terms and the Acceptable Use Policy.

3.2 You must give us accurate information about your business and your contacts, and keep it current. We may ask you to confirm who you are, for example to register your business for texting or to meet our legal duties.

3.3 "Account administrators" are the people you name to manage your account. Your "billing contact" is the person you name to us to receive invoices and billing notices. If you have not named one, your account administrators are your billing contact. We send notices to your account administrators and your billing contact at the email addresses we hold for them, so please keep those addresses current.

3.4 Where these Terms ask you to tell us something in writing, you may send a support request from inside your account, or email support@callperfect.net from an email address we hold for an account administrator or your billing contact, unless a section says otherwise.

4. Plans, orders, prices and prepaid balances

4.1 Our plans, their prices, what each includes and any minimum number of users are shown on our Pricing page or in your order. Plan prices are per user.

4.2 Some parts of the service are extra and are charged separately when you choose or use them, such as add-ons, top-ups, extra phone numbers, toll-free usage and international calls.

4.3 Top-ups of texting units and transcription minutes expire 30 days after purchase and do not roll over.

4.4 Prepaid balance.

1. Some usage, such as international calls and toll-free minutes beyond your plan, is paid from a prepaid dollar balance on your account. You add money to the balance with top-ups.
2. Charges for that usage are taken from the balance as the usage happens. When the balance runs out, that usage may stop until you add more. If usage takes the balance below zero, you must pay the difference.
3. The balance can be used only for CallPerfect charges. It earns no interest, cannot be transferred to anyone else or to another account, and does not expire.
4. While your service continues, we may apply the balance to any amount you owe us that is due. We do not apply it to an amount you have questioned under section 5.6 until we have told you the result.
5. We do not pay out the balance while your service continues, unless we agree to. When your service ends, we return what is left to you without your having to ask, as section 7.7 describes.
6. The balance is money. It does not include texting units or transcription minutes (section 4.3), promotional or courtesy credits, or credits under section 7.4. Those have no cash value and are not refunded. A credit, refund or waiver that section 7.3, item 3 describes is handled as that section says.

4.5 Onboarding, installation and training.

1. What your plan includes to help you set up the service, such as an onboarding session, is shown on our Pricing page or in your order. Onsite installation and training are provided only where your order includes them.
2. These services cover setting up the service and showing your administrators how to use it. Unless your order says otherwise, they do not include new network cabling, or work on your internet connection, your network, your power supply or equipment that we did not supply. If we agree to carry out network cabling or other extra work, its price and what it covers are agreed in writing before the work starts.
3. For any work at your premises, you must arrange safe access at the agreed time, obtain any permission needed from your landlord or building owner, and tell us in advance about anything at the site that could affect safety or the work.
4. You remain responsible for your settings, your users and your registered 911 addresses, including after any help we give you (sections 3 and 11).

5. Billing, payment, taxes and fees

5.1 When you pay, and your start date.

1. You pay in advance for each billing period.
2. Your "start date" is the first day on which all of these are true:
   1. your account is ready, which means that your users can sign in and can make and receive calls on at least one CallPerfect phone number;
   2. we have emailed your account administrators, on or after the day your account became ready, that it is ready; and
   3. your first bill has been paid in full, as item 4 describes.

   An email sent before your account is ready does not set your start date or start the 7 days in section 7.1. A number you are transferring to us from another provider does not have to be working yet (section 10).

3. Your billing periods count from your start date. A monthly plan is charged for a first part-month from your start date to the end of that calendar month, then for each calendar month. An annual plan runs for 12 months from the first day of its annual period and renews on the same date each year. The first day of that period is your start date if your account starts on an annual plan, or the day we agree that the annual plan starts if your account moves to it from a monthly plan.
4. We take your first payment when you complete registration, as section 5.3, item 2 describes. You pay only for service from your start date. Your first bill is for your first billing period from your start date, as item 3 describes. Your first payment, and anything else you pay toward that bill before your start date, is applied to it.
   1. If what you have paid is less than your first bill, we tell you the difference and how we worked it out, and your start date comes only after you have paid it. We charge the difference to your saved card only if you approve that amount at the time; otherwise you pay it through a payment link we send you. Section 8 does not apply to this difference. It applies to renewals and later charges.
   2. If what you have paid is more than your first bill, we credit the difference to your account and apply it to your next charges. Any part of that credit you have not used when your service ends is returned under section 7.7.
5. Until your start date, you may cancel as section 6.2 describes. Your plan then ends, and we refund your first payment in full. If we cannot make your account ready, we will tell you, your plan ends, and we refund your first payment in full. We start a refund under this item within 30 days after you cancel or after we tell you, in the way section 7.7, item 7 describes.

5.2 Adding and removing. When an account administrator adds users, phone numbers or add-ons, we show the amount before the addition is confirmed. We then charge a prorated amount for the rest of your current billing period, at the prices that apply to your account for that period, and they renew with the rest of your account. Removing users, numbers or add-ons during a billing period does not create a refund.

5.3 How you pay.

1. A saved card is required. To register for a paid plan on our website, you must save a valid payment card in your account. You must keep a valid card saved for as long as you have a paid plan, unless we have agreed in writing that you may pay by invoice (item 11).
2. Your first payment. Before you finish registering, we show you your plan, the number of users, the amount of your first payment (including the Regulatory Recovery Fee and taxes and government surcharges), how your renewal date is set, and this authorization. When you confirm, we charge your card for your first payment. Your registration is complete only when that payment succeeds. If it does not succeed, or you do not confirm, your registration is not complete, no paid plan starts, and you owe nothing for it.
3. What you authorize. By saving a card, you authorize CallPerfect to charge it automatically, without asking you again each time, for:
   1. your first payment, when you confirm it as item 2 describes;
   2. each renewal of your plan, on its renewal date: the plan price for your users, the recurring charges for the phone numbers and add-ons on your account, the Regulatory Recovery Fee, and the taxes and government surcharges on them;
   3. prorated charges for users, phone numbers or add-ons that an account administrator adds during a billing period, as section 5.2 describes, at the amount shown before the addition is confirmed; and
   4. another attempt to collect a charge in item 3.2 or 3.3 that failed, within the limits that item 7 describes.
4. What we do not charge automatically. We do not use this authorization:
   1. for one-time purchases, such as top-ups and texting registration charges, which we charge only when someone authorized on your account approves them at the time;
   2. to charge again an amount that was reversed through your bank or card issuer, as section 5.6, item 8 describes;
   3. to collect an amount you have questioned under section 5.6, until we tell you the result;
   4. to collect any amount still unpaid after your service ends, unless you approve that payment at the time; or
   5. after we receive your cancellation, or for a charge for which you have withdrawn your permission, except as item 8 allows.
5. How amounts can change. The amount of a charge can differ from the previous one, for example when users are added or removed, or when a price, the Regulatory Recovery Fee or a tax changes as section 22 describes. If the law requires us to tell you in advance about a charge whose amount differs from the previous one, we will.
6. Receipts and your copy. We send a receipt for each charge to your billing contact. When a card is saved, we email a copy of this authorization to the person who saved it and to your account administrators.
7. If a charge fails. If a charge to your saved card fails, we tell your account administrators and billing contact. We may try the charge again, within the limits of the card network rules, until it is paid. We do not try again after your service ends, after your card issuer tells us not to try again, or where item 8 says that we do not charge your card. You can update the card in your account, or pay through a payment link we send you. Trying again does not change the date the charge was due, and a failed charge does not cancel your plan or a renewal. Section 8 says what happens if a payment is not made.
8. Your card when you cancel, or when you withdraw your permission.
   1. You can replace your saved card with another valid card in your account at any time. While you have a paid plan, you cannot remove your only saved card, unless we have agreed that you pay by invoice. Replacing or removing a card, or stopping a payment through your card issuer, does not cancel your plan or reduce what you owe. To stop future renewals, cancel as section 6.2 describes.
   2. We do not charge your card for a renewal that your cancellation stopped under section 6.1.
   3. After we receive your cancellation, we do not charge your saved card automatically, or try again to collect from it a charge that failed, unless you agree at that time that we may, for example during a call with us or in reply to our confirmation. This applies to a renewal that your cancellation reached us too late to stop under section 6.1, and to any other amount that is still unpaid. Those amounts remain payable as section 6.4 describes, and we will ask you to pay them in another way, such as through a payment link we send you. If you withdraw your cancellation under section 6.2, item 9, your plan continues to renew, and the authorization in item 3 applies again to later charges, except a permission you have withdrawn under item 8.4 and any stop that your card issuer or card network has placed.
   4. You may withdraw your permission for a particular charge, or for all future automatic charges to your saved card, by telling us in one of the ways in section 6.2, items 2 and 3. We then do not make those charges to your card automatically or try again to collect them from it. Withdrawing your permission does not cancel your plan or reduce what you owe: you must pay each charge by its due date in another way we offer, and section 8 applies to any amount not paid when due. Keeping a card saved, or saving a new one, does not by itself restore a permission you have withdrawn; you restore it by telling us, or by approving a particular charge at the time. Unless we have agreed that you pay by invoice, item 1 still applies, and we may ask you to restore your permission for later charges.
9. Updated card details. If your card issuer or card network gives us updated details for your saved card, such as a new expiry date or card number, we may use them for the charges in item 3. Updated details do not renew a plan whose renewal your cancellation stopped, and do not restore a permission you have withdrawn under item 8.4.
10. Your permission to use the card. You confirm that you are allowed to use each card you save to pay for your business's service. Section 12.9 applies to a payment made without that permission.
11. Paying by invoice instead. We may agree that your business pays by invoice instead of by saved card. That needs our express approval in writing, which says when your invoices are due. An invoice for a renewal is always due on your renewal date, and we send it early enough for you to pay it by then. We may end an invoice arrangement by email, for example if an invoice is not paid on time. You must then save a valid card in your account within 7 days after our email. Section 8 applies to any amount not paid when due.

5.4 Taxes and fees.

1. Plan prices do not include taxes, government surcharges or the CallPerfect Regulatory Recovery Fee. Each is shown as a separate line on every quote and invoice.
2. The Regulatory Recovery Fee is a CallPerfect fee. It is not a government tax, and no government agency requires it. It is $2.49 per paid voice seat per month.
3. On an annual plan, the Regulatory Recovery Fee is charged for the whole year together with the plan, at the amount in effect when that year starts. That amount does not change during the year you have paid for.
4. Section 22 says how prices, fees and rates may change.

5.5 Texting registration costs. Business texting needs a registration with the phone companies. Their registration and campaign charges are passed on to you. We tell you the amount before we start the registration, and we collect the charges for the first required minimum period in advance.

5.6 Questions about a charge.

1. How to ask. If you think a charge is wrong, tell us in writing through the support form in your account or by email to support@callperfect.net. Say which charge you question, the amount, and why you think it is wrong. A general statement that a bill is wrong, without those details, is not a question under this section.
2. Deadline. Tell us within 30 days after the day the invoice or receipt that shows the charge is first made available to you, in your account or by email. For a charge that is not shown on an invoice or receipt, such as usage taken from your prepaid balance, tell us within 30 days after the date of the charge.
3. Pay the rest. Please pay every amount you do not question by its due date. Section 8 applies to unpaid amounts that you have not questioned.
4. While we review it. If you question a charge in time and in good faith, we will not suspend your service, apply your prepaid balance, or treat your account as unpaid because of the amount you questioned, until we tell you the result. Asking again about a charge we have already answered, without new information, is not a new question.
5. The result. We will review your question and tell you the result in writing. If the charge was wrong, we correct it, normally with a credit on your account. If your service has already ended when we decide, we return the amount under section 7.7, starting within 30 days after we tell you the result, and we deduct nothing from it. A correction credit you have not used when your service ends is also returned under section 7.7. If the charge was right, please pay it within 15 days after we tell you. After that, section 8 applies to it.
6. If you do not tell us in time. If you do not tell us within the deadline in item 2, the charge is final, and you cannot question it later, including in a claim under section 21. This does not apply to:
   1. a billing error that we find and confirm ourselves, which we will correct (this does not mean that we review past invoices for errors);
   2. a mistake you could not reasonably have noticed within the deadline, if you tell us within 30 days after you noticed it or reasonably should have;
   3. charges you say came from use of your account by someone you did not authorize, which section 12 covers; or
   4. any right that the law does not allow to be limited.
7. When a charge is not owed. A charge is not owed if we agree it was wrong, or if the law, or a final decision of a court, an arbitrator or a government authority that binds us, says it is not owed. We will then correct it as item 5 describes, even if you did not tell us in time.
8. Card disputes. This section does not limit your rights with your card issuer. Please contact us first, because we can usually solve a billing question faster. If you dispute a payment with your card issuer and the payment is reversed, the reversal does not by itself mean that you do not owe the amount. The reversed amount becomes unpaid again, and section 8 applies to it, unless item 7 applies. Item 4 still protects an amount you questioned in time, until we tell you the result. If the amount is found to be owed, because your card issuer decides the dispute in our favor, because you agree, or because of a decision under section 21, you also pay, where the law and the card network rules allow, the fee that our payment processor actually charged us for that dispute, less any part of it that the processor gave back to us and any part we have already recovered from you.

5.7 Undercharged amounts. If we find that we charged you less than the amount payable for your plan, your order or your usage under these Terms, we may bill you the difference. We will explain in writing which charges were too low and why, and you may question the correction as section 5.6 describes. We do not charge a correction of this kind to your saved card unless you agree at the time. If you do not question it, it is payable by the due date shown on the invoice, and section 8 applies to it if it is not paid.

6. Renewal and cancellation

6.1 Your plan renews automatically.

1. Your plan renews automatically at the end of each billing period for another period of the same length: a monthly plan for another month, and an annual plan for another 12 months. It keeps renewing until you cancel it as section 6.2 describes.
2. Your renewal date is shown in your account. Please make a note of it. Apart from the notices that these Terms describe or that the law requires, such as a notice of a price change under section 22, we do not send a reminder before your plan renews.
3. Annual plans: 30 days' notice. To stop an annual plan from renewing, your cancellation request must reach us at least 30 full days before your renewal date, which means before the start of the 30th day before your renewal date, Pacific time. If it reaches us later, your plan renews for another 12 months, the whole renewed year is payable as section 6.4 describes, your service continues until the end of that year, and your request stops the renewal after that one. Item 5 of this section and section 6.2, item 5 set the only exceptions to this deadline. For example, if your renewal date is June 30, a request that reaches us by 11:59 p.m. Pacific time on May 30 stops that renewal, and your last day of service is June 29. A request that reaches us on June 10 does not stop it: your plan renews on June 30, your last day of service is June 29 of the following year, and your plan does not renew again.
4. Monthly plans. A monthly plan does not need 30 days' notice. To stop a monthly plan from renewing, your cancellation request must reach us by 11:59 p.m. Pacific time on the day before your renewal date. For example, a request that reaches us at 11:00 p.m. Pacific time on October 31 stops the renewal on November 1, and your last day of service is October 31. If your request reaches us later, your plan renews for one more month, your service continues until the end of that month, and your request stops the renewal after that one.
5. After a notice of a change to your next annual period. If we email you that a higher plan price, a higher Regulatory Recovery Fee, a new or higher recurring charge, a reduction under section 16.2, item 1, or an adverse change under section 22.1 will apply from your next annual renewal, you may stop that renewal with a request that reaches us by 11:59 p.m. Pacific time on the day before your renewal date, even if the deadline in item 3 has passed. You may do this whether or not our email was sent early enough for the change to apply at that renewal under section 22. This applies only to the renewal that the email concerns. For example, if your renewal date is January 1 and on December 15 we email you a higher price for the year that starts on January 1, a request that reaches us by 11:59 p.m. Pacific time on December 31 stops that renewal, and your last day of service is December 31. If you do not stop it, your plan renews on January 1 at the amounts of the year that is ending, because our email was sent less than 30 days before your renewal date (section 22.3).
6. Each renewal is charged at the prices that apply to your account for the renewed period, and is paid as section 5.3 describes. Section 22 says how we tell you about a new price before it applies.

6.2 How to cancel.

1. Who may cancel. An account administrator or your billing contact may cancel your plan at any time, in either of the ways in items 2 and 3.
2. By phone. Call us at the phone number in section 24 and ask to cancel your plan. Before we accept a request by phone, we may ask you to confirm that you are an account administrator or your billing contact, for example by answering an email we send to the address we hold for you. During the call, we may explain what will happen to your phone numbers and your information and ask whether we can help you stay, but your request counts from the time you made it, whatever you decide.
3. In writing. You may instead cancel in writing at any time, without calling us: send a support request from inside your account that says you want to cancel your plan, or email support@callperfect.net from the email address we hold for an account administrator or your billing contact. A written request is enough on its own. After we receive it, a member of our team may call you, but your cancellation does not depend on that call.
4. When we receive your request. A request by phone is received when you make it to a member of our team, during your call or when we return it. A written request is received when it reaches our support system. We record the date and time we receive each request, in Pacific time, and that time decides whether your request meets a deadline in section 6.1.
5. If you cannot reach us. If your call is not answered, or one of the ways in this section is not working, please use another of them. If a fault or delay on our side, such as a problem with our phone line, our support form or our email, or a delay in returning your call, stopped you from cancelling before a deadline in section 6.1, and you cancel in one of these ways as soon as you reasonably can afterwards, we treat your request as received before that deadline. A delay on our side in handling or confirming your request never causes another renewal.
6. Requests from anyone else. If a request comes from someone other than an account administrator or your billing contact, or we cannot confirm who is making a request by phone, we ask an account administrator to confirm it. If an administrator confirms it within 7 days, the cancellation takes effect from the time we first received the request.
7. Our confirmation. We confirm your cancellation by email to your account administrators and billing contact. The confirmation shows when we received your request, whether it was in time to stop your next renewal, your last day of service, any amount that remains payable, and how you can pay it (section 5.3, item 8).
8. A renewal charged by mistake. If we charge you for a renewal that your request stopped, we refund that charge in full.
9. Withdrawing a cancellation. You may withdraw your cancellation, by phone or in writing, before your service ends.
10. What never depends on a call. Your rights under sections 5.1, 7.1, 7.5, 7.6 and 7.7, your access to your information under section 15, and transferring your numbers under section 10 never depend on a call or a conversation with us.

6.3 What happens after you cancel. Your cancellation stops the renewals that section 6.1 says it stops. Your service continues until your last day of service: the end of your current billing period or, if your request reached us too late to stop your next renewal, the end of the renewed period, unless your service is limited or ended earlier under section 8 or 9. Cancelling does not give a refund for the rest of the period, except as sections 5.1, 7.1, 7.3, 7.5 and 7.6 provide (section 7.2). Section 15.2 says how you can download your information afterwards. If you want to keep your phone numbers, start a transfer to your new provider before your service ends (section 10). If a transfer of one of your numbers is pending, section 10.3 also applies.

6.4 If you owe us money.

1. You can cancel even if your account has an unpaid balance, including an amount you have questioned under section 5.6. You do not have to pay anything before we accept your cancellation. Your cancellation stops the renewals that section 6.1 says it stops.
2. Cancelling does not cancel or reduce any amount you already owe. This includes the charges for a billing period that has already started. Once your plan has renewed, including where your cancellation reached us too late to stop the renewal, the charges for the whole renewed period are payable: the whole month for a monthly plan, and the whole 12 months for an annual plan. They stay payable if you cancel during that period, and if we limit or end your service under section 8 because they are not paid. Section 5.3, item 8 says when we may charge them to your saved card.
3. Usage charges, such as international calls, are payable only for usage before your service ends. Taxes and government surcharges are payable as the law applies them.
4. Section 8 continues to apply to unpaid amounts, and we may apply your prepaid balance to them, as section 4.4 describes.
5. A failed or missed payment does not by itself cancel your plan or a renewal.

6.5 Annual plans. An annual plan is a commitment for 12 months, paid in advance. You agree to it when you accept these Terms and choose the annual plan. There is no early-termination fee. Cancelling during the year does not create a refund (section 7.2), except as sections 7.1, 7.3, 7.5 and 7.6 provide.

6.6 Closing and deleting your whole account. Closing your whole account is different from cancelling your plan.

1. To close your whole account and have us delete it, an account administrator must ask us in writing, through the support form in your account or, if you cannot use it, by email to support@callperfect.net.
2. Closing ends the service and your access at once, not at the end of the paid period. There is no refund for unused time.
3. Before we close it, we tell you in writing what will happen, including what will be deleted and that your phone numbers will be released, and we ask you to confirm in writing.
4. You cannot close and delete your account while you owe us money. You can still cancel your plan under section 6.2, so that it does not renew.
5. Section 15.5 says what happens to the information in your account.

6.7 Moving your numbers away. Transferring a number to another provider does not cancel your account. See section 10.

7. Refunds, credits, and what happens if the service fails

7.1 7-day window on your first annual plan.

1. If you buy an annual plan for the first time, an account administrator may, within 7 calendar days after your annual start date, ask us either:
   1. to cancel the annual plan and end your service, with the refund that item 3 describes; or
   2. to change it to a monthly plan from your annual start date, with the refund that item 4 describes.

   Your "annual start date" is the day your first paid annual plan starts. If your account starts on an annual plan, it is your start date (section 5.1). If your account starts on a monthly plan and we later agree that it moves to its first annual plan, it is the day on which we agree that annual plan starts. The 7 days run whether or not you use the service.

2. Ask in writing (section 3.4) or by phone as section 6.2, item 2 describes. Your request is on time if it reaches us by 11:59 p.m. Pacific time on the 7th day after your annual start date. For example, if your annual start date is November 4, your request must reach us by 11:59 p.m. Pacific time on November 11. Section 6.2, items 4 and 5 apply to your request, with the 7 days in place of the deadline in section 6.1. A delay on our side in handling your request does not use up your 7 days or add charges.
3. If you cancel. Your service ends on the day we receive your request, unless you ask for a later day within the 7 days. We refund the annual plan charge and the annual Regulatory Recovery Fee that you paid for that annual plan, and you owe no plan charge for the days of your first annual period before your service ends. This item does not refund charges for monthly service before your annual start date. What happens to your phone numbers and your information after that is set out in sections 10 and 15.
4. If you change to a monthly plan. Your plan becomes a monthly plan from your annual start date, billed by calendar month, with a first part-month from your annual start date to the end of that calendar month. We refund the annual plan charge and the annual Regulatory Recovery Fee that you paid for that annual plan, less the monthly plan price and the monthly Regulatory Recovery Fee for that first part-month and for any later calendar month that has started when we receive your request. We do not charge twice for any period, and charges for monthly service before your annual start date do not change. Your monthly plan then renews each month until you cancel it as section 6 describes.
5. This window does not apply to renewals, to a later annual plan, or to an account we have limited or ended for fraud or misuse.
6. It does not cover usage charges, top-ups, charges for phone numbers, number transfers, toll-free service, texting registration or fax, or taxes and government surcharges, except where the law requires us to refund them.
7. We start the refund within 30 days after we receive your request, in the way section 7.7, item 7 describes, less any cost that section 7.7, item 8 allows us to deduct.

7.2 Otherwise, payments are not refundable. Except where these Terms expressly promise a refund or credit, or the law requires one, payments are not refundable. We do not refund unused time, including when you cancel, or when you remove users, phone numbers or add-ons during a billing period.

7.3 Our mistakes, the law and final decisions.

1. If we charge you by mistake, we correct it as section 5.6 describes.
2. If we suspend your service by mistake, we do not charge you for the time it was suspended. If you have already paid for that time, we credit it to your account, or refund it if your service has ended. This corrects your charges; it is not a payment of damages.
3. Some laws and regulator rules require a phone company to give its customers a credit, refund or waiver in particular situations, for example after certain long outages or installation delays. When a rule like that applies to your service, we give you what it requires, in the way and within the time it requires, including automatically where the rule says so. You do not need to ask for it within any deadline in these Terms, and nothing in these Terms, including sections 4.4, 5.6, 7.4, 7.7, 19 and 21.9, reduces or replaces it. A credit, refund or waiver given under such a rule does not give you any other credit, refund or right to end the service that these Terms do not otherwise give.
4. We also give any refund or credit that a final decision of a court, an arbitrator or a government authority that binds us requires. Our agreement is not needed for that.

7.4 Interruptions: no automatic credits.

1. When the service is interrupted, we work to restore it. Except as section 7.3, item 3 says, and unless your order includes a service level agreement that we have agreed to in writing, we do not promise any level of availability, and we do not give automatic credits or refunds for interruptions.
2. In this section, an interruption is a period when the service, or a paid feature of it, did not work for you because of a problem in our systems or in the networks of the companies we use to provide the service. We look at the service you actually received. If a problem is worked around and your service keeps working, there is no interruption.
3. These are not interruptions under this section: a problem caused by your internet connection, power, equipment, network or settings, or by you or your users; a suspension or limit under these Terms; and planned maintenance we told you about in advance.
4. If the service stops working for your account or for a particular user or phone number, please report it to us as soon as you can through the support form in your account, or by email to support@callperfect.net if you cannot use the form, so that we can work on it.
5. If you think an interruption affected you, you may ask for a credit through the support form in your account or by email to support@callperfect.net, within 30 days after the interruption ended. Please tell us which users, phone numbers or features were affected, and when.
6. We will review your request. Whether we give a credit, and how much, is our decision. We base it on the service we did not provide to you: what was affected, for how long, and why. We do not base it on your business hours, missed calls or other business losses.
7. A credit is applied to your future charges. It has no cash value and is not paid out, even when your service ends, unless we choose to refund it. A credit in one case does not create a right to a credit in another.
8. If the law or a regulator's rule requires a credit for an interruption, section 7.3 applies to that credit, and nothing in this section 7.4 limits it.

7.5 If we materially fail to provide a paid service.

1. This section applies if we materially fail to provide a paid service or paid feature on your account. A failure is material if it substantially deprives you of what you are paying for in that service or feature. A short or occasional interruption is not by itself a material failure. Neither is a problem listed in section 7.4, item 3.
2. You may tell us about the failure in writing, through the support form in your account or by email to support@callperfect.net. Please describe the failure and the users, phone numbers or features it affects.
3. We will start looking into the failure, and work on it, promptly after we receive your notice. We have 30 days after we receive it to fix the failure.
4. If we have not fixed the failure by the end of those 30 days, you may end the affected paid service by telling us in writing within the following 30 days. The affected paid service means the users, phone numbers or paid features the failure affects, or your whole account if it affects all of it.
5. When you end it, you do not owe charges for the ended service after the date it ends, and we refund the prepaid charges for it for the time after that date. We start the refund within 30 days after that date, in the way section 7.7, item 7 describes.
6. If the failure continues after that, or a new material failure happens later, you may give us a new notice under item 2.
7. This section does not take away any right that the law gives you and does not allow to be removed, for example if we refuse to provide the service at all.
8. An event described in section 23.1 is covered by section 23.1, and a permanent stop by section 7.6.

7.6 If we stop providing the service.

1. We may permanently stop providing the service, or a paid part of it, such as a feature, an add-on or a type of phone number. When we do this for a reason other than your breach of these Terms, we will tell your account administrators and billing contact by email in advance, as early as we reasonably can, and as the law requires.
2. From the date it stops, we stop charging you for what we stopped. We refund the prepaid charges for it for the time after that date, and the unused part of any top-up you bought only for it. We start the refund within 30 days after that date, in the way section 7.7, item 7 describes.
3. This section 7.6 does not apply if we replace what we stopped with something that does substantially the same job, at no extra cost to you.
4. If we stop the whole service, your service ends on that date, and section 7.7 applies to your money.

7.7 Money we return to you when your service ends.

1. What we return. When your service ends, for any reason, we return the following money to you ("your money"). You do not need to ask for it, or take part in any call or conversation, to receive it.
   1. your prepaid dollar balance (section 4.4);
   2. any payment you made that was more than you owed, such as a duplicate payment;
   3. any credit we gave you under section 5.6, 7.3 or 12.6 to correct a charge, that you have not used; and
   4. any credit under section 5.1, item 4 that you have not used.

   Your money does not include unused subscription time, texting units, transcription minutes, promotional or courtesy credits, or credits we gave under section 7.4. Those are not refunded. A credit, refund or waiver that section 7.3, item 3 describes is handled as that section says.

2. Amounts you owe come first. We first apply your money to any amount you owe us that is due, except an amount you have questioned under section 5.6 that we have not yet decided. We return what is left.
3. When we start. We start returning the part of your money that we are not holding under item 5 within 30 days after your service ends. If money becomes yours later, for example when we decide a question about a charge in your favor or find a mistake ourselves, when a hold under item 5 ends, or when a rule or decision described in section 7.3 requires a refund, we start returning it within 30 days after that day, or sooner if that rule or decision requires.
4. What we tell you. When we start, we email your account administrators and billing contact to say how much we are returning and how, what we applied to amounts you owe, any cost we deducted under item 8, and any amount we are holding and why.
5. What we may hold. If part of your money may be needed for a specific matter that is not yet resolved, we may hold only that part, and we return the rest on time. We may hold money only for:
   1. a charge you have questioned under section 5.6 that we have not yet decided;
   2. an open dispute, chargeback, reversal or return of one of your payments;
   3. a specific charge or payment that we are investigating as possible fraud or misuse, including a payment made with a card or bank account that the person paying may not have been entitled to use;
   4. claims by more than one person to the same money, for example after the sale of your business or a disagreement between its owners; or
   5. an amount that the law, a court, a government authority or a legal process, such as a levy or a bankruptcy case, requires us to hold or to pay to someone else.

   For example, if $100 is yours and $30 is held for an open dispute, we return $70 on time and hold only the $30.

6. How long we hold it. We hold money under item 5 only for as long as reasonably necessary to resolve the matter, and we work to resolve it promptly. A dispute, chargeback, reversal or return lasts until the card issuer or bank finally decides it. A hold that the law, a court, an authority or a legal process requires lasts as long as it requires. If more than one person claims the same money, we may ask a court to decide who is entitled to it and pay the money into court. If a hold for our own review or investigation lasts more than 90 days, we will tell you why it is still open and when we expect to finish. When a hold ends, we apply the money to any amount found to be owed and return the rest as item 3 says.
7. How we send it. We send your money back to the payment method you used to pay us, where our payment processor allows it, and we may split it across more than one of your earlier payments. If that is not possible, for example because the card or bank account is closed, the refund fails, or you paid in a way that cannot be refunded to the same method, we contact your account administrators and billing contact and, where the law and the card network rules allow, send it in another reasonable way, such as a bank transfer to an account in your business's name or a check to your billing address. Before we do, we may ask for confirmation that the request comes from someone authorized on your account, for the payment details we need, and for confirmation of whether you have disputed the payment the money came from. We start that payment within 30 days after we receive what we need. Your bank may take a few more days to show it. If a payment was made with a card or bank account that the person paying was not entitled to use, we return that payment only to that card or bank account.
8. Costs. We do not charge for our own staff time, and we add no administration fee or profit, when we return money. Where the law and the card network rules allow, we may deduct from money we return under this section 7.7 or under section 7.1:
   1. the part of the processing fee that our payment processor kept on the payment being refunded that is reasonably attributable to the amount we return, less any part of that fee that the processor gives back to us; and
   2. any fee that our bank or payment processor actually charges us for making the return, less any part of it that is given back to us.

   We deduct or recover each of these costs only once. We do not deduct a cost that we have already deducted from another refund or recovered from you through another charge. Where we can, we tell you the amount of any deduction before we send the money, and we show it in our email when we send it. We deduct nothing when we return money because of our own mistake or delay, our failure to provide the service or to keep to these Terms, a suspension made by mistake, a failure under section 7.5, a stop under section 7.6, a cancellation before your start date or a credit under section 5.1, a correction under section 5.6 or 12.6, or a rule or decision described in section 7.3. If a deduction would be more than the amount we return, we will ask you for another way to receive it.

9. If a payment is later reversed. If you have received money back from us under this section and a payment that money came from is later reversed through your card issuer or bank, the reversed amount becomes unpaid again and you must pay it, as section 5.6 says.
10. If we cannot return it. If we cannot return your money after reasonable efforts, for example because we cannot reach you or do not receive the payment details we need, we keep it for you. It does not expire, we do not charge a fee for holding it, and section 21.9 does not limit your right to receive it. If unclaimed property law requires, we send you any notice that law requires and then report and pay the money to the appropriate state. After that, you claim it from that state.
11. Closing your account does not change this. Closing or deleting your account, or keeping your settings under section 15.3, does not end or delay anything in this section.

7.8 These are your remedies for service failures. For an interruption of the service, a failure to provide it, or a change to it, the credits and refunds in this section 7, and any remedy that section 7.3 describes, are your only remedies, except as section 19.4 provides. Section 19.5 explains that these credits and refunds are not damages and are not reduced by section 19. We do not credit or refund the same charges twice.

8. If a payment is not made

8.1 If a payment fails or a bill is not paid, we will tell you and give you reasonable time to pay before we limit your service. This section does not apply to an amount you have questioned under section 5.6 while we review it. A payment reversed through your card issuer is unpaid, as section 5.6 says.

8.2 If the bill stays unpaid, we may limit the service in steps: first blocking outgoing calls, then suspending the service. While the service is suspended, you can still sign in to pay, and to play back and download your recordings and voicemail and download your call records and reports. Charges for your users and phone numbers continue while the service is suspended, because we are still holding them for you. If your service is suspended, 911 calling may not work. Please read our E911 Notice.

8.3 If the bill is still unpaid after that, we may end the service. Before we do, we will send a final warning to your account administrators and billing contact. When we end it, we delete the recordings, voicemail and other content stored in your account, your access to your call records and reports ends, and your phone numbers are released as section 10.5 describes, after which you may be unable to get them back. Section 15.6 describes the records we keep separately. We keep your account settings as section 15.3 describes. Ending the service does not cancel or reduce any amount you owe, including the charges for a renewed period (section 6.4).

8.4 If you pay the full balance before we end the service, we restore it. If your business texting registration was switched off while the account was unpaid, texting may take longer to restore, because the registration has to be done again.

9. When we may limit or end the service for other reasons

9.1 We may limit, suspend or end all or part of the service, as the Acceptable Use Policy describes, if:

1. you or your users break these Terms or the Acceptable Use Policy;
2. we need to, to follow the law, a court or a regulator, or a binding instruction from a phone company; or
3. we need to, to protect people, our network, other customers or 911 service, for example when an account appears to be compromised.

9.2 Whenever reasonably possible, we will contact you first and give you a reasonable chance to fix the problem. We may act straight away when the problem is serious or urgent.

9.3 If we end the service because of a serious breach, or a breach you did not fix after we asked you to, we do not refund prepaid charges for the service. We still return your money under section 7.7, which also says when we may hold part of it.

10. Phone numbers and number transfers

10.1 Numbers are assigned, not owned. The phone numbers on your account are assigned to your account for your use until your service ends, subject to section 10.4. They are not your property or ours.

10.2 Moving a number to CallPerfect. When you ask us to transfer a number to CallPerfect, you confirm that you have the right to move it and that the information you give is correct. The timing depends on your old provider, and we cannot promise a date.

10.3 Moving a number away from CallPerfect.

1. You can transfer an eligible US or Canada number to another provider, and we do not charge for this. Your new provider starts the transfer, and we do what the transfer rules require of us to complete it.
2. Keep the number on your account until the transfer is complete. If the number is removed from your account, or your service ends, before then, the number may be released and the transfer may fail. Do not remove the number yourself before the transfer is complete.
3. You do not need to keep your whole service while a transfer is pending. You may remove users, numbers and add-ons as your plan and these Terms allow, and keep only what is needed to keep your account and the number being transferred active. If you ask, we will tell you what that is. You pay for what you keep until the transfer is complete or fails.
4. If you cancel while a transfer is pending, we keep the number being transferred, and only what is needed to keep it active, until the transfer is complete or fails, even if that is after your cancellation would otherwise take effect. You pay for what we keep for that time.
5. Once the transfer is complete, the number leaves your account and is not charged for any later billing period. As section 5.2 says, removing it during a billing period does not create a refund.
6. Transferring a number does not cancel your account, your other numbers or services, or any amount you owe. To leave CallPerfect, cancel as section 6 describes.

10.4 Changes to numbers. We may need to change or withdraw a phone number on your account if a phone company, a numbering authority, a court, a regulator or the law requires it, or for a technical reason we cannot reasonably avoid. If that happens, we will tell your account administrators as early as we reasonably can and, where we can, offer you a replacement number at no extra charge.

10.5 After your service ends. After your service ends, your numbers may be held for up to 30 days before they are released. After that, a number may be given back to the phone company and you may not be able to get it back. To keep a number, transfer it to your new provider before your service ends.

11. 911 calling

11.1 911 calling through CallPerfect works differently from traditional landline 911. It works only when you have power and an internet connection, and only when your registered service address is current. Our E911 Notice explains the limits in full, and it is part of these Terms.

11.2 You must:

1. give us the correct registered address for each user and location, and update it, as our E911 Notice explains, before anyone calls 911 from a new place;
2. tell everyone who uses the service about the limits of 911 calling; and
3. keep another way to reach emergency services, such as a mobile phone, in case your power or internet fails.

11.3 Do not rely on the service for alarm systems, medical alert devices or other equipment that must reach emergency services, and do not use CallPerfect business texting to contact 911.

11.4 Your duties in this section cover the information, equipment and arrangements that you control. They do not make you responsible for a problem that we cause on our own, such as a failure to send emergency services the registered address you gave us. Section 20.3 explains how claims about such a problem are handled.

11.5 Section 19.3 explains what we are responsible for when a 911 call does not work. Laws that protect providers of 911 service also apply.

12. Keeping your account secure, and charges from misuse

12.1 Keeping your account secure. You are responsible for keeping your account secure. Misuse usually starts when someone gets hold of a password or other sign-in details, or takes over a phone, an app or other equipment, and uses it to make costly calls or send messages, often to other countries. You must:

1. use strong passwords, and keep sign-in details, phone passwords and device settings private;
2. give access only to people who need it, and remove it promptly when they no longer need it;
3. keep your phones, apps, equipment and networks secure and up to date; and
4. use the controls available to you where it is practical to do so.

12.2 Telling us about misuse. If you think your account or one of your numbers is being misused, tell us at once. Send a support request from inside your account and say in it that your account or a number may be being misused. If you cannot sign in, for example because someone else has taken over your account, email support@callperfect.net. Tell us what you noticed, which users, numbers or charges are affected, and a number we can call you back on. We may call you back to check details or to help. Please also do what you reasonably can to stop the misuse yourself, such as changing passwords, removing access and using the controls available to you, and give us the information we reasonably ask for. We do not promise a response time.

12.3 What we do after a report. We may ask you to confirm that a report comes from someone authorized on your account, and we will confirm your authority before we give back access to an account that someone else has taken over. If a report looks urgent, we may take temporary protective steps before we finish checking. Once we are reasonably satisfied that a report comes from someone authorized on your account, we will promptly take the protective steps that are available to us and reasonable in the circumstances. Steps may include limiting or blocking certain calls, messages or destinations, suspending a user, a number or the account, or resetting access. This also applies to misuse you cannot stop with the controls available to you, such as unwanted calls or messages to one of your numbers. If a step that is needed can be taken only by another company we use to provide the service, we will ask that company promptly and keep following up reasonably until the step is taken or is no longer needed. We are not responsible for a delay by that company that we could not reasonably avoid, if we did this. This does not apply where we could have taken a step ourselves.

12.4 Who pays for misuse. You are responsible for the charges for all use of the service through your account or your numbers, at the prices and rates that apply to your account. This includes calls and messages made through your account by someone you did not authorize, and use by your users beyond what you allowed. It also includes calls and messages to your numbers that you did not want, to the extent they are billable under your plan and our rates, such as toll-free minutes, or texting units used by messages you receive. A call or message that would otherwise be free, or would use no minutes or units, does not become chargeable because it was unwanted or abusive. Messages that section 13.1 says use no units are never charged.

A report does not by itself make us responsible for any charge. That someone got into your account or misused the service does not by itself mean that we failed to do something we should have done. We are responsible for a charge only to the extent that:

1. it was caused by our failure to meet an obligation that applies to us under these Terms or the law, for example to take reasonable measures to protect our own systems and your account information, to check who is asking before we give access to your account or change it, or to take the steps described in section 12.3 after a report; or
2. the law does not allow us to make you pay it, including where it was caused by our fraud, gross negligence or willful misconduct.

Item 1 does not cover the part of a charge that you could have avoided yourself, after you knew about the misuse, with a practical step available to you, or a charge caused only by a delay that section 12.3 says we are not responsible for.

12.5 Looking into a report. We will look into a report about charges and tell you what we found. Until we tell you, section 5.6, item 4 applies to the charges your report identifies, even if the report does not give every detail that section 5.6, item 1 asks for, and we will not send those charges to collection or report them to a credit agency. If you disagree with our result, section 21 applies.

12.6 Correcting a charge that is our responsibility. If a charge is our responsibility under section 12.4, we correct it as follows:

1. If it has not been paid, we remove it from your bill.
2. If it was paid from your prepaid balance (section 4.4), we put the same amount back into that balance.
3. If you paid it in another way, we credit your account with the amount you paid.
4. If your service has ended, we instead return the amount you paid for it under section 7.7, starting within 30 days after we tell you the result.
5. If it used up texting units or transcription minutes, we put the same number of units or minutes back on your account. Units and minutes we put back can be used for 30 days after we put them back. They have no cash value, and we do not pay for them in money, including when your service ends.

If your service ends while you have a credit under item 3, or money put back into your prepaid balance under item 2, that you have not used, we return it under section 7.7 without your having to ask. We deduct nothing from money we return under this section. We also make these corrections, and pay a refund where one is required, whenever the law, or a final decision of a court, arbitrator or government authority that binds us, requires a correction or repayment. Our agreement is not needed for that.

12.7 Other losses, and goodwill. Corrections under this section are billing corrections, not damages (section 19.5). This section does not make us responsible for any other loss caused by misuse, which section 19 covers. Apart from section 12.4, misuse of your account, a loss or a report does not entitle you to a refund or credit. We may reduce a charge in a particular case at our choice. That does not mean we accept responsibility, and it does not create a right to the same treatment later.

12.8 Our own steps. We may act without being asked if we believe your account or the service is being misused, as section 9 and the Acceptable Use Policy describe. We may require you to ask before we turn on higher-risk services, such as international calling, and we may limit where you can call, how long calls can last or how much you can spend, or ask for payment in advance. Controls and limits, whether set by you or by us, reduce the risk of misuse. They do not guarantee that misuse will be detected or blocked, and they do not mean that we will pay for misuse. Except for notices the law requires, we do not promise to detect misuse or to warn you about it. If we limit or suspend the service to stop misuse, your regular charges continue, unless we acted by mistake (section 7.3). We lift the limit or suspension as soon as reasonably practical once the risk has been dealt with. If calling is suspended, 911 calling may not work.

12.9 Payment fraud is different. This section is about use of the service through your account. If a payment to us is made with a card or bank account that the person paying was not entitled to use, we may suspend or end the service under section 9. A payment reversed through a card issuer is handled under section 5.6.

13. Business texting

13.1 Texting uses SMS units from your plan's monthly allowance and any top-ups. Messages you send and messages you receive both use units, and picture messages and long messages use more than one. A request to stop texts that we recognize, such as a reply of STOP, and the confirmation we send in reply where one applies, do not use units. When the units run out, sending stops until you add more. Messages you receive for a short time after that are still delivered, and the units they use are taken from your next top-up or renewal. Section 12.4 says who pays for messages you did not want.

13.2 You are responsible for getting and keeping the consent the law requires before you send texts, and for honoring requests to stop. Phone companies can filter or block texts and can suspend a business's texting registration. The texting section of our Acceptable Use Policy sets out the texting rules.

14. Recordings, your content and your legal responsibilities

14.1 You decide how you use the service, including whether to record, transcribe or monitor calls. You are responsible for following the laws that apply to your business, including laws on recording and monitoring calls, telemarketing, automated calls, texting and faxing, and for giving any notices and getting any consents those laws require.

14.2 Your content, such as recordings, voicemail, texts, faxes, transcripts, call summaries and audio you upload, stays yours. You allow us, and the companies we use to provide the service on our behalf, to store, process, copy, transmit and display your content as needed to provide, maintain, support and protect the service, to prevent fraud and misuse, and to comply with the law, as our Privacy Policy describes. We do not use your content to market or advertise to anyone.

14.3 Health information. CallPerfect is not a HIPAA-compliant service, and we do not sign business associate agreements under HIPAA. If HIPAA applies to your business, you are responsible for deciding whether the service suits how you use it.

14.4 Transcripts and summaries. Transcripts of voicemail and recorded calls, and call summaries, are made by machine and can contain errors. They are not a certified or official record. Listen to the voicemail or the recording before you rely on a transcript or a summary.

14.5 Payment card information. The service is not designed to store or protect payment card information, and we do not promise that it meets the Payment Card Industry Data Security Standard (PCI DSS). You may take card payments by phone, but you must not use the service to record or store full card numbers or card security codes, for example by recording a call while a caller gives them. If card network rules or laws on card information apply to your business, you are responsible for following them.

15. Your information when the service ends

15.1 Call recordings and voicemail are kept for up to 180 days while your subscription is active.

15.2 After you cancel. When you cancel, your service continues until your last day of service, as section 6.3 describes. After that, calls stop, but for a limited period you can still sign in to play back and download your recordings and voicemail and to download your call records and reports. You cannot change your settings during that period. At the end of it, we delete the recordings, voicemail and other content stored in your account, your access to your call records and reports ends, and your phone numbers are released as section 10.5 describes. Section 15.6 describes the records we keep separately.

15.3 Your settings. We keep your account settings, such as your call routing and sound settings, for a longer period after that, so you can come back without setting up again. Information that was deleted does not come back.

15.4 If we end your service for nonpayment, section 8 applies.

15.5 If you close and delete your whole account, your access ends at once. We keep the information in the account internally for a limited period, during which you can ask our support team to let you retrieve it. After that period we delete it permanently, including your settings, except the records that section 15.6 describes.

15.6 Some records are kept separately where we need them, for example call records, and records we need for tax, billing, fraud prevention, requests to stop marketing, texting opt-outs, 911 or a legal hold. Our Privacy Policy explains what we keep and for how long.

15.7 Download anything you need before it is deleted. We do not promise that deleted information can be recovered.

16. How the service works, and changes to it

16.1 We work to keep the service running well, but it depends on the internet, power, equipment and other networks, some of which we do not control. We do not promise that it will always be available, uninterrupted or free of errors. Whether your business name or number is shown to the people you call is decided by their phone company and their device. Other phone companies may also label, delay or block calls or texts that they judge to be unwanted, and we do not control how they do so. We may refuse to display a business name that is misleading or that you have no right to use.

16.2 Changes to features. We may change, add, replace or remove features of the service, including features of a paid plan, for example to improve the service, to replace a feature with another that does a similar job, or for technical, security, legal or supplier reasons.

1. A change that reduces an included allowance of your plan, such as included minutes, texting units or phone numbers, is treated as a price change. It applies to you only from a billing period for which section 22 allows a new price.
2. Where we reasonably can, we will tell your account administrators by email before a change that significantly reduces a paid feature you use.
3. If we stop a paid service or paid feature completely, section 7.6 applies. If we materially fail to provide a paid service, section 7.5 applies.

16.3 We may carry out maintenance. We try to do planned maintenance at times of low use. Urgent maintenance may happen without notice.

16.4 Section 7 says what happens if we materially fail to provide a paid service, or if we stop providing it.

17. Software and apps

17.1 Our software. While you have access to your account, you may use the CallPerfect customer portal and any other software that CallPerfect owns or controls and provides to you, for your business's use of the service. This right is not exclusive and cannot be transferred. You may not copy, sell, rent or change that software, take it apart, or try to get around its limits or security, except where the law allows it.

17.2 Other companies' software. Some software you use with the service comes from other companies, such as the third-party softphone apps we support and the software in desk phones. It is provided under its own license terms, and those terms govern your rights to it. These Terms do not take away any right that those licenses give you, and we do not claim to own that software.

17.3 Keep your apps and devices up to date. We are not responsible for problems caused by out-of-date apps or devices.

18. What we do not promise

Except for what these Terms expressly say, the service is provided "as is" and "as available". To the extent the law allows, we disclaim all other promises, whether express or implied, including any promise that the service is merchantable, fit for a particular purpose, uninterrupted or free of errors.

19. Limits on what we are responsible for

19.1 Losses we are not responsible for. To the extent the law allows, we are not responsible for any of the following, however they are caused (including by our negligence), under any legal theory (including contract, tort and statute), and even if we knew or were told that they were possible:

1. lost profits, revenue, sales or savings, whether direct or indirect;
2. loss of business, customers, opportunities, goodwill or reputation;
3. business interruption, or loss of use of the service;
4. loss or corruption of data, including recordings, voicemail, messages and other content;
5. the cost of replacement services; or
6. any indirect, incidental, special, consequential, exemplary or punitive damages.

Section 19.4 says what this section 19.1 does not cover.

19.2 The most we will pay. To the extent the law allows:

1. One overall limit. All claims that this section 19 limits share one overall limit, whenever they arise and however many incidents there are. It does not reset each year or for each claim or incident. What we have paid, or have been finally ordered to pay, for any of those claims counts toward it and reduces the part of it that remains. Amounts that section 19.5 describes do not count toward it.
2. How much it is. For each incident, we add up the qualifying payments for that incident's affected services during the measuring period. The overall limit is the highest of those amounts for any single incident. We do not add together the amounts for different incidents.
3. The measuring period. The measuring period is the 12 months immediately before the day on which the first incident started. The same measuring period applies to every incident, including later ones. If the first incident started before your start date, the measuring period is instead the month that begins on your start date.
4. Qualifying payments. Qualifying payments are the recurring charges for your plan, users, phone numbers and add-ons, to the extent they are for service during the measuring period and we had received payment for them before the first incident started. A charge for a longer period, such as the charge for an annual plan, or for a month that falls partly inside the measuring period, counts only for the share of its days that falls inside the measuring period. If you had a service for only part of the measuring period, only its charges for that part count. Qualifying payments do not include taxes, government charges, the Regulatory Recovery Fee, usage charges, top-ups, prepaid balances, one-time charges, or charges from other companies that we pass on to you. A refund or credit reduces qualifying payments only if we gave it to correct a billing mistake in a charge that counts. Credits and refunds we give because of an incident, under section 7 or otherwise, and refunds of charges for time outside the measuring period, do not reduce them. No refund or credit is subtracted more than once, or subtracted at all if the charge that counts already reflects it.
5. Affected services. The affected services of an incident are the users, phone numbers, add-ons and paid features that the incident and the claim concern. They include services that the incident prevented from working or materially impaired, and services whose information or content the incident exposed, lost or changed, even if they kept working. If an incident concerns a phone number, they also include the users whose calls or messages use that number. If an incident concerns your whole account, or the services it concerns cannot fairly be separated, the affected services are your whole account. A service that was ordered or added after the first incident started has no qualifying payments, including where item 3 makes the measuring period the month that begins on your start date.
6. Incidents. An incident is an event, act, failure or circumstance that gives rise to a claim. An incident that continues over time started when it first happened. Incidents that are related, for example because they have the same cause or because one continues or repeats another, count as one incident, which started when the first of them started and whose affected services are all the services that any of them concerned. The first incident is the earliest incident that gives rise to any claim that this section 19 limits.
7. How the limit works. The limit applies whatever legal theory a claim uses, whether the claim is against us or against anyone described in section 19.6, and whether it is made by you or by anyone claiming through you, such as your insurer. You cannot recover for the same loss more than once. The limit is the most we will pay. It is not an amount we owe, and you must still prove your loss.

19.3 911 and emergency calls.

1. We rely on every protection that the law gives to providers of 911 service. This section 19.3 adds to those protections and does not reduce them.
2. To the extent the law allows, we are not responsible to you, or to anyone claiming through you, for any loss or harm caused by a 911 or other emergency call that cannot be made, fails, is dropped or delayed, does not show the right location, or reaches the wrong emergency center, unless it was caused by our gross negligence or our wanton, willful or intentional misconduct.
3. We are not responsible for anything that emergency services, emergency call centers or other emergency responders do or do not do.
4. Section 19.4 says what this section 19.3 does not cover. Section 11 and our E911 Notice explain how 911 works with CallPerfect and what you must do.

19.4 What these limits do not cover.

1. Nothing in this section 19 limits or excludes our responsibility for:
   1. our fraud;
   2. willful injury to a person or to property;
   3. our violation of a law or regulation that protects public safety, where the law does not allow our responsibility for it to be limited or excluded; or
   4. anything else that the law does not allow to be limited or excluded.
2. Section 7.8 and section 19.1 do not remove our responsibility for harm caused by our gross negligence, or by our wanton, willful or intentional misconduct, where the law does not allow that responsibility to be removed. The limits in section 19.2 still apply to that responsibility, to the extent the law allows.

19.5 Charges, refunds and credits are decided elsewhere. This section 19 limits damages. It does not decide whether you owe a charge, or whether we must return money you paid in advance. Other sections of these Terms decide those questions, including sections 4.4, 5.1, 5.6, 7 and 12. If another section of these Terms, or the law, says that a charge was not owed, or that we must return money, restore units or give a credit, we will correct, return, restore or credit it in full, except for a cost that section 7.7 allows us to deduct. That amount is not damages, is not reduced by this section 19, and does not count toward the limits in section 19.2. This section 19 does not give you a right to a refund, credit or correction that the rest of these Terms or the law do not give.

19.6 Who these limits protect. In this section 19, "we" means CallPerfect, LLC, its members, managers, employees and agents, and the companies we use to provide the service. Each of them may rely on this section 19. The limits in section 19.2 apply to all of them together, not to each one separately.

19.7 Why these limits apply. These limits are a basic part of our agreement and of the prices we charge. They apply even if a remedy in these Terms does not fully make up for a loss, and they continue after the service ends.

20. Claims about your use of the service

This section says who handles and pays for claims that other people make against CallPerfect about your use of the service.

20.1 Claims this section covers. A "covered claim" is any claim, demand, lawsuit, arbitration, subpoena, investigation or other legal proceeding that someone other than you or CallPerfect brings against CallPerfect, if it arises from, or alleges, any of these:

1. use of the service through your account by you, your users or anyone else, including a person you did not authorize;
2. calls, texts, faxes, recordings, voicemail, transcripts or other content that you or your users make, send, receive, record, store or make available through the service, including a claim that the content, or the way it was collected or used, is unlawful or infringes someone's rights;
3. a breach of these Terms, the Acceptable Use Policy or the E911 Notice by you or your users;
4. you or your users breaking a law, including laws on telemarketing, automated and prerecorded calls, texting consent, faxes, caller ID, notice and consent for call recording, monitoring and transcription, and privacy;
5. information or instructions that you or your users give us, such as a request to transfer a number, details for a texting registration or a 911 address, that are false or incomplete or that you had no right to give;
6. a failure by you or your users to give us and keep current accurate registered addresses for 911, to tell users about the limits of 911 described in our E911 Notice, or to keep another way to reach emergency services, or a problem with your power, internet connection, network or equipment, or with settings that you or your users control, that affects 911 calling; or
7. a dispute between you and your users, employees, customers or anyone else you deal with, about your use of the service.

"Someone other than you or CallPerfect" includes a government authority or regulator, a phone company, a texting registry, your users, employees and customers, and people you call, text or fax. A claim that you yourself make against CallPerfect is not a covered claim. In this section, "CallPerfect" also includes our owners, managers and employees, for their work for us. Only CallPerfect may enforce this section, including for them.

20.2 What you must do and pay. You will defend CallPerfect against every covered claim. For every covered claim, you will also pay the following, whether or not CallPerfect has paid them yet:

1. reasonable lawyers' fees, expert fees and other costs of defending or responding to the claim, including responding to a subpoena or an investigation;
2. amounts that a court, arbitrator or government authority orders CallPerfect to pay;
3. settlements that section 20.6 allows; and
4. fines, penalties and charges that a government authority, phone company or texting registry imposes on CallPerfect.

This applies whether or not the claim is true, including if it turns out to be false, groundless or fraudulent. Section 20.3 says what you do not have to pay.

20.3 What you do not have to pay.

1. A separate problem we caused. You do not have to pay for any part of a claim that is about a problem CallPerfect caused directly, and that would have led to the claim even if you and your users had used the service properly, followed these Terms and the law, and given us correct information. If a claim is only about such a problem, you do not have to defend it either. Section 20.4 says how a claim that also includes such a part is defended. Examples are a break-in to CallPerfect's own systems, an outage of CallPerfect's own network, CallPerfect's use of your content for its own purposes, CallPerfect's own marketing, and a claim that the service itself, as we provide it, infringes someone's rights.
2. Fraud, willful misconduct or gross negligence. You do not have to pay any part of a judgment, award, fine, penalty or settlement, or of the defense costs, that results from CallPerfect's own fraud, willful misconduct or gross negligence. Whether an amount results from it is decided by a final decision of a court, an arbitrator or a government authority in the covered claim or, if there is none, by agreement between us or under section 21. An accusation alone does not decide it. Until it is decided, you keep defending the claim and paying as section 20.7 says, and section 20.7, item 3 says what we repay afterwards.
3. Punitive damages, fines and penalties. You do not have to pay punitive damages awarded against CallPerfect. You also do not have to pay a fine or penalty that punishes CallPerfect for its own conduct, or for failing to meet a legal duty that applies to CallPerfect itself, where the law does not allow that cost to be shifted to you.
4. Anything the law does not allow. You do not have to pay any amount, of any kind, including defense costs, settlements, judgments, awards, fines and penalties, to the extent the law does not allow it to be shifted to you.

20.4 Claims involving ordinary negligence or technical problems. Apart from section 20.3, this section applies even if the claim says, or it turns out, that ordinary negligence by CallPerfect, or a technical problem on our side, also played a part. We do not share the cost of a covered claim for that reason. If a covered claim also includes a part that section 20.3, item 1, describes, you still defend the whole claim while it continues. We then pay the defense costs that relate only to that part, and any amount finally decided to be owed for that part. Costs that serve the whole claim and cannot be separated are yours, except to the extent the law requires them to be shared.

20.5 Notice, and who runs the defense.

1. We will tell you about a covered claim within a reasonable time after we receive it. We will either ask you to defend it or tell you that we will run the defense under section 20.5, item 3. If we are late, you are released only to the extent the delay actually harmed your ability to defend the claim. We may send notices under this section to the last contact details we have for you.
2. When we ask you to defend a claim, you will promptly hire lawyers reasonably acceptable to us and defend the claim diligently, at your cost. You will keep us informed and consult us before important steps.
3. We may instead decide, at any time, to run the defense ourselves with lawyers we choose. For example, we may do this if you do not defend promptly or diligently, if your interests and ours conflict, or if the claim is brought by a government authority, a regulator or a phone company, or could affect our service or our standing with them. If we run the defense, you still pay the reasonable defense costs, and we will keep you reasonably informed.
4. Whoever is not running the defense may take part with its own lawyers at its own cost. Each of us will give the other the information and help reasonably needed for the defense. If you run the defense, you will repay our reasonable costs of helping.

20.6 Settlements.

1. Without our written consent, you may not settle a covered claim, or agree to a judgment or order, if it would require CallPerfect to admit fault, to pay anything, or to do or stop doing anything, or if it does not fully release CallPerfect. We may give or refuse that consent at our discretion.
2. If we run the defense, we may settle the claim. You must pay a settlement that you agreed to in writing, and you will not unreasonably refuse or delay your agreement. If you did not defend the claim after we asked you to, you must pay any settlement we made in good faith.

20.7 Paying while the claim continues, and later adjustments.

1. You will pay the amounts in section 20.2 within 30 days after we send you an invoice, while the claim continues. You may not hold back payment because you believe the claim is false, because you think CallPerfect is partly to blame, or because CallPerfect might recover costs from the person who made the claim.
2. If we run the defense, the amount of a judgment against CallPerfect binds you, unless we failed, through a lack of reasonable care, to raise a good defense that was available to us.
3. If a final decision of a court, an arbitrator or a government authority, or a decision under section 20.3, item 2, establishes that a covered claim, or an identifiable part of it, arose only from matters that section 20.3 describes, we will repay what you paid for that claim, or for that part, including defense costs. Otherwise, a claim that fails, is dropped or proves false does not entitle you to any repayment.
4. If CallPerfect actually recovers money for a covered claim from the person who made it, for example under a court order for costs, we will credit what we receive, less our reasonable costs of recovering it, against what you paid for that claim. We decide whether to seek such a recovery.

20.8 After your service ends. This section continues after your service ends or your account is closed, for any reason. It applies to any covered claim, whenever it is made, about use, content, information, conduct or events from before then. The one-year time limit in section 21.9 does not apply to claims under this section. Section 21.1 does not delay your duty to defend or pay.

20.9 Section 19. Section 19 does not limit what you owe under this section.

21. Disagreements, and which law applies

21.1 Talk to us first. Before either of us starts an arbitration or a court case about a disagreement, the one bringing the claim must send the other a written notice. The notice must come from that party itself or its lawyer, describe that party's own claim and the main facts, and say what it wants. You send a notice to us by email to support@callperfect.net or by mail to our address in section 24. We send a notice to your account administrators and billing contact. A notice we send under section 8 about an unpaid amount counts as our notice for that amount if it states the amount. We will both try in good faith to resolve the claim for 30 days after the notice is received. A question about a charge is first handled under section 5.6, and this section applies if it is not resolved there.

21.2 Deadlines during the 30 days, and when the 30 days do not apply.

1. The time limit in section 21.9 is paused from the day the notice is received until those 30 days end. Any other time limit is paused for that period only to the extent the law allows.
2. If a time limit could still run out during the 30 days, the party may start its arbitration or court case to protect the claim. Both of us will then ask for the case to be paused until the 30 days end.
3. The 30-day step also applies before a claim in small claims court. It does not apply to a request for urgent orders under section 21.5, item 2, or to a claim about section 20 under section 21.5, item 4.

21.3 Arbitration.

1. If we cannot resolve it, any dispute or claim between you and us arising out of or relating to these Terms, the service or our business relationship will be decided by binding arbitration before one arbitrator, and not by a judge or a jury, except as sections 21.5 and 21.6 say. This includes claims about events after the service ends.
2. The arbitration will be run by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules in effect when the arbitration starts, including its Expedited Procedures where they apply. If the AAA cannot or will not run it, we will agree on another arbitration provider, or a court will appoint one.
3. The legal place (seat) of the arbitration is Riverside County, California. The arbitration will take place by video conference, or on written submissions where the AAA rules allow. If the arbitrator decides that an in-person hearing is needed, it will take place in Riverside County, California, unless we both agree on another place.
4. The arbitrator must follow these Terms, including section 19, and the law. The arbitrator may award the party that asked for it any individual relief that a court could award under these Terms. The award is final and binding, and judgment on it may be entered in any court with jurisdiction.
5. Who decides questions about arbitration. The arbitrator decides any disagreement about whether a claim must be arbitrated, including disagreements about the scope, validity, enforceability or meaning of this section 21. Only a court, and not the arbitrator, decides the following questions, even though the AAA rules would otherwise let the arbitrator decide them:
   1. whether you and we made an agreement to arbitrate;
   2. whether section 21.6 can be enforced, and what happens to a claim or kind of relief if it cannot; and
   3. for a claim or request brought in court, whether it qualifies for a court route in section 21.5, or is a request for public injunctive relief under section 21.6.

21.4 Fees and lawyers. The AAA's fees and the arbitrator's pay are paid as the AAA rules provide. In the award, the arbitrator may require one of us to repay the other some or all of those fees and that pay, as the AAA rules and the law allow. Each of us pays its own lawyers, experts and other costs, except where a law allows a party to recover them, where a court or the arbitrator orders a sanction, or where section 20 says that you pay them.

21.5 When small claims, a court or a government authority may be used instead. Instead of arbitration:

1. Small claims. Either of us may bring a claim that qualifies in a small claims court where your business is located or in Riverside County, California, after the 30 days in section 21.1. If one of us starts an arbitration about a claim that qualifies, the other may choose small claims court instead, by telling the other party and the AAA in writing before the arbitrator is appointed. The claim then continues only in small claims court, including any appeal or transfer that the small claims rules allow.
2. Urgent orders. Either of us may ask a court for urgent orders, such as a temporary restraining order or a preliminary injunction, to stop misuse of the service, to protect people, our network or 911 service, to protect intellectual property or confidential information, or to keep things as they are until the arbitrator decides. Asking for urgent orders does not give up the right to arbitrate.
3. Money that is not genuinely disputed. Either of us may bring a court case only to collect money that is due and not genuinely disputed. That means:
   1. for us, an amount shown on an invoice or receipt that you did not question in time under section 5.6, where no exception in section 5.6, item 6, applies, or an amount you agreed in writing to pay;
   2. for you, a refund, credit or other money that we confirmed in writing that we owe you or will return to you, including a prepaid balance that section 7.7 says we must return; and
   3. for either of us, an amount that a final decision of a court, an arbitrator or a government authority that binds the other says is owed, or that we both agreed in a written settlement.

   If the court decides that the amount is genuinely disputed, the claim must be arbitrated, unless it qualifies for small claims court.

4. Section 20. Either of us may bring a claim about section 20 in the court or other proceeding in which the covered claim is being decided, if that court or proceeding allows it.
5. Government authorities. Nothing in this section 21 stops either of us from bringing a matter to a government authority, such as the Federal Communications Commission or the California Public Utilities Commission, or stops that authority from acting, where the law allows.

Using a court route in this section, or defending a claim in court, does not give up the right to arbitrate any other claim. If a claim or counterclaim in that court case does not qualify for a court route, it must be arbitrated if either of us asks. Starting a case in court first does not by itself give anyone a right to keep in court a claim that this section 21 sends to arbitration.

21.6 Individual claims only. Each of us may bring claims against the other only for itself and in its own name, and not as a plaintiff, class member or representative in any class, collective, consolidated or other representative proceeding, whether in arbitration or in court. An arbitrator may not combine the claims of more than one customer, or decide a class or representative proceeding, without everyone's written consent. The AAA may handle separate arbitrations together for administration under its rules, but each claim is decided separately. The arbitrator may award relief only to the individual party that asked for it, and only as far as needed for that party's own claim. Neither of us agrees to class, collective or representative arbitration. If a court finally decides that this section 21.6 cannot be enforced for a particular claim or kind of relief, that claim or relief, and only that, will be decided in court under section 21.8, and never in arbitration. A request for public injunctive relief that the law does not allow to be waived will also be decided in court under section 21.8. Public injunctive relief means an order whose main purpose and effect is to stop unlawful acts that threaten harm to the general public, and that benefits the party asking for it, if at all, only incidentally. In either case, the court may decide whether to pause the court case until any arbitration of the other claims ends.

21.7 Which law applies. The Federal Arbitration Act governs sections 21.3 to 21.6, including how they are interpreted and enforced and the procedure for enforcing them. Otherwise, these Terms and any dispute between you and us are governed by the laws of the State of California, without regard to its rules on choosing another state's law.

21.8 Courts and juries. Where a matter is decided in court under these Terms, other than in small claims court or under section 21.5, item 4, the state and federal courts located in Riverside County, California, have exclusive jurisdiction, and both of us agree to their jurisdiction. Any court with jurisdiction may enter judgment on an arbitration award or enforce a judgment. Where the law that applies in a court allows a jury trial to be given up in advance, each of us gives up any right to a jury trial in a court case under these Terms.

21.9 Time limit for your claims.

1. You must bring any claim against us, in arbitration or in a court allowed by this section, within one year after you first knew, or should reasonably have known, of the facts that give rise to it, unless the law requires a longer period. A claim that is not brought in time cannot be pursued.
2. This one-year limit does not apply to:
   1. your claims to collect a refund, credit or other money that we confirmed in writing that we owe you or will return to you, including a prepaid balance that section 7.7 says we must return, and money that we keep for you under section 7.7, item 10;
   2. claims to confirm or enforce an arbitration award, a final judgment, a final decision of a government authority, or a written settlement between us; or
   3. any claim that the law does not allow to be shortened.

   These claims must be brought within the period the law allows.

3. Section 21.2 pauses the one-year limit during the 30 days of talks. The time between your question about a charge under section 5.6 and our written result also does not count toward it.
4. This section does not extend the deadline in section 5.6. A charge that has become final under section 5.6 cannot be questioned in a claim, even within the year, unless section 5.6 allows it.

21.10 If part of this section cannot be enforced, and other documents. Except as section 21.6 says, if a court, or an arbitrator deciding a question that section 21.3 gives to the arbitrator, decides that any part of this section 21 cannot be enforced, that part is removed and the rest of section 21 still applies. This section 21 controls over any dispute or forum term in an order, a quote, the Acceptable Use Policy, the E911 Notice or any other document, unless a written agreement signed by both of us expressly replaces it. Section 22.7 says what a change to these Terms never affects.

22. Changes to these Terms and to prices

22.1 Changes to these Terms.

1. What this covers. We may change these Terms from time to time. In this section 22, "these Terms" includes the Acceptable Use Policy and the E911 Notice, which are part of these Terms (section 2.1), and this section 22.1 governs every change to them. If either of them describes how it may be changed, that description does not shorten the notice or reduce the protections that this section gives you. Changes to prices, fees and rates follow sections 22.2 to 22.6 instead of this section 22.1. A change under this section 22.1 never changes a price or adds a charge.
2. Kinds of change.
   1. A "required change" is a change we need to make (a) to comply with a law, a regulation, or an order or decision of a court or government authority, or (b) to meet a requirement for the service that a phone company we use, or an industry body that sets rules for business texting, places on us and that we cannot reasonably avoid.
   2. A "protective change" is a change we need to make to stop or prevent fraud, unauthorized use, unlawful use or abuse of the service, to deal with a security threat, or to protect 911 calling, our network or other customers from a serious risk of harm.
   3. An "adverse change" is any other change that materially reduces your rights, or materially increases your obligations or responsibilities, under these Terms.
   4. Any other change, such as a clarification, a correction or terms for a new optional feature, is an "other change".
3. Limits on required and protective changes. A required or protective change goes no further than the need for it. We do not use one to raise a price or fee, add a charge, reduce a right to a refund or credit, increase what you must pay or do if something goes wrong (including under sections 12 and 20), limit our responsibility further, or change how disagreements are resolved, unless a law, a regulation, or an order or decision of a court or government authority requires that exact change. Any change of that kind that is not required in that way is an adverse change.
4. How we tell you. We post each new version on this page with the date it takes effect, and we keep earlier versions available on our website. For a required, protective or adverse change, we also email your account administrators and billing contact. The email says what is changing and when the change applies to you.
5. When a change applies to you.
   1. A required or protective change applies from the date we give. We tell you as soon as we reasonably can, and before the change where we can.
   2. On a monthly plan, an adverse change applies from the first billing month that starts at least 30 days after we email you about it.
   3. On an annual plan, an adverse change applies from your first annual renewal that is at least 30 days after we email you about it, unless our email gives an earlier date under item 6. Until the change applies to you, the version of these Terms that applied to you before it continues to apply to you.
   4. A change in the "other change" category applies from the date we give.
   5. If our email gives a date earlier than this section allows, the change applies to you only from the first date this section allows.
6. An earlier date for annual plans, and your right to object. Our email about an adverse change may give an earlier date for annual plans, which will be at least 30 days after we send the email. If it does, you may object by telling us in writing, through the support form in your account or by email to support@callperfect.net, before that date. If you object in time, the change does not apply to you until your first annual renewal that is at least 30 days after we sent the email, and the version that applied to you before continues to apply to you until then. If you do not object in time, the change applies to you from the earlier date. An objection never permits use that breaks these Terms as they apply to you.
7. If a required or protective change stops your service. If a required or protective change stops a paid service or paid feature you use, section 7.6 applies.
8. Accepting a change. If you keep using the service after a change applies to you, you accept it. If you do not want an adverse change, you may object where item 6 allows, or cancel before the change applies to you, as section 6 describes. We may also ask you to accept a new version in your account. If you accept it, it applies to you from then.
9. What a change never affects. Section 22.7 says what a change never affects.

22.2 What you have already paid for. A new plan price, Regulatory Recovery Fee or other recurring CallPerfect charge never applies to a period you have already paid for. On an annual plan, the plan price and the Regulatory Recovery Fee stay the same for the whole year you have paid for, even if we give notice of a change during that year. A notice never allows us to charge again for a period you have already paid for. Taxes and government surcharges follow section 22.6.

22.3 Annual plans. We may change the plan price, the Regulatory Recovery Fee or another recurring charge for your next year. If we do, we will email your account administrators and billing contact at least 30 days before your renewal date, with the renewal date, the new amounts and how to cancel. If we send that notice later, your plan renews at the amounts of the year that is ending, and the new amounts can apply only from a later renewal for which we give that notice. Either way, if the new amounts are higher, you may stop the renewal that our email concerns with a request that reaches us by 11:59 p.m. Pacific time on the day before your renewal date, as section 6.1, item 5 says.

22.4 Monthly plans. We may change the plan price, the Regulatory Recovery Fee or another recurring charge from a future billing month. We will email your account administrators and billing contact at least 30 days before the first billing month at the new amount. If we send that notice later, the new amount starts from the first billing month that begins at least 30 days after we send it. If you do not want to continue at the new amount, cancel before that month starts.

22.5 Usage rates and one-time prices. Rates for usage, such as international calls and toll-free minutes, and prices for one-time purchases, such as top-ups, are shown in your account or on our website. We may change them. A new rate or price applies only to usage or purchases after it is shown there. When a usage rate goes up, we will try to tell your account administrators by email before it applies.

22.6 Taxes and government surcharges. Taxes and government surcharges are set by law. When a government changes them, the change applies as the law says, and we charge the amount that applies at that time.

22.7 What a change never affects.

1. A change to these Terms or to a price applies only from the date it applies to you. It does not apply to charges for any period, usage or purchase before then.
2. A change does not apply to any claim, disagreement, credit, refund or other right that comes from something that happened before the change applied to you, even if it is discovered, reported or brought later. The version of these Terms that applied when it happened decides it. For a problem that continued over a period, the version that applied when the problem began decides it.
3. A change to these Terms does not widen what a saved card may be charged for. That needs your separate consent, as section 5.3 describes.
4. A change to these Terms does not change the price of users, phone numbers or add-ons you add during a billing period. Section 5.2 decides that price.

23. General terms

23.1 Events outside our reasonable control.

1. We are not responsible for a failure or delay caused by an event outside our reasonable control, such as a natural disaster, fire, flood, epidemic, war, terrorism, a strike, an action of a government or regulator, a cyberattack that could not reasonably have been prevented, or a failure of the public internet, power grids, or other companies' networks or services, including companies we use to provide the service. A failure at a company we use counts only to the extent we could not reasonably have prevented or worked around its effect on your service.
2. This section does not excuse your payment of amounts you owe, or our payment of refunds these Terms require. While such an event lasts, we will work to restore the service, and you may ask for a credit under section 7.4.

23.2 Transfers. You may not transfer this agreement to someone else without our written agreement. We may transfer it as part of a merger, acquisition or sale of our business, or to a company that takes over the service.

23.3 Notices. We send notices by email to your account administrators and billing contact, and they count as given when sent. You send notices to us in writing as section 3.4 describes, or by mail to our address in section 24. To cancel your plan, use one of the ways in section 6.2. To close your whole account, follow section 6.6.

23.4 Electronic records. You agree that these Terms, notices and other records, including notices the law requires us to send, such as notices about unclaimed property, may be given and signed electronically.

23.5 Whole agreement. The documents in section 2 are the whole agreement between us about the service.

23.6 If part is invalid. If a court or arbitrator decides that part of these Terms cannot be enforced, the rest stays in force.

23.7 No waiver. If we do not enforce a right straight away, we can still enforce it later.

23.8 Independent parties. Nothing in these Terms makes either of us the other's partner, agent or employee. No one else has rights under these Terms, except that the people and companies described in section 19.6 may rely on section 19.

23.9 What continues after the service ends. Anything that by its nature should continue, such as amounts owed and sections 4.4, 5.6, 5.7, 7, 12, 15, 18, 19, 20, 21, 22.2 and 22.7, continues after the service ends. Section 21 also applies to claims about the time before the service ended.

23.10 Changes by agreement. Apart from changes under section 22, these Terms can be changed for your account only by a written agreement that refers to them and is signed by you and by an authorized representative of CallPerfect. A message from our support team does not change these Terms.

23.11 How these Terms are read. Headings are for convenience and do not change the meaning of the text. Words such as "including" and "for example" introduce examples and do not limit the words before them. "Days" means calendar days unless a section says otherwise.

24. How to contact us

CallPerfect, LLC

4229 Main St, Riverside, CA 92501-3822

Phone: (855) 494-7373

Email: support@callperfect.net