Vested Networks Terms of Service
This MASTER SERVICE AGREEMENT (“Agreement”), shall govern the provision of Voice over Internet Protocol telephone and hosted PBX services to customer by Vested Networks LLC a corporation organized under the laws of the State of Texas.
SCOPE OF SERVICES:
Vested Networks’ VoIP Service is an enhanced voice communication service whereby the voice communication is converted to Internet Protocol (‘IP’) and carried, in part, over high-speed Internet access, also known as broadband Internet service. This service may be generically referred to as ‘voice over IP’. It is separate and distinct from standard Local, Local Toll, and Long-Distance services. ‘Service’ or ‘Services’ includes direct-dialed Voice over IP calling and certain calling and call management features or advanced features associated with the Service, including additional features or advanced features which may be offered at additional costs, and which Vested Networks, in its sole discretion, may add, modify, or delete from time to time.
The VoIP Service is provided on a best efforts basis, as things beyond Vested Networks’ control may affect the Service, such as power outages, fluctuations in the Internet, and your underlying broadband service. Other things may affect Service, such as maintenance. Vested Networks will act in good faith to minimize disruptions to your use of and access to the VoIP Service. Important distinctions exist between telecommunications service and the Service offering that we provide. The Service is subject to regulatory treatment different than telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.
Vested Networks’ VoIP Service requires: (a) specialized customer premises equipment called a VoIP optimized router obtained through Vested Networks to connect to your broadband connection and (b) a broadband connection via DSL, cable, fiber optic, cellular or other wireless broadband with capability of at least 90 Kbps upstream and downstream speed that you have a right to use at your own expense. Since voice over IP is dependent on the broadband connection, the availability of an adequate power supply and correct configuration, Vested Networks does not guarantee that the Service will be continuous or error-free. In addition, Service may, from time to time, be interrupted for equipment, network, or facility upgrades or modifications.
RECOMMENDED SERVICE PARAMETERS:
Vested Networks’ VoIP Service will provide optimal (but not guaranteed) service quality to any number of simultaneous calls, provided each call has a minimum of 90Kbps of upstream and downstream Internet bandwidth available for the duration of each call. Vested Networks does not guarantee the performance, routing, or throughput, either expressly or implied, of any data circuit(s) connectivity with regards to the Public Internet and/or Internet backbone(s). While the voice technology we provide traditionally has functioned at acceptable quality levels when utilizing Public Internet data service, it is susceptible to occasional lapses in phone sound quality and/or other service-degrading issues that are beyond Vested Networks’ control.
REGISTRATION OF PHYSICAL LOCATION REQUIRED:
For each telephone or softphone device that you use for the Service, you must register with Vested Networks the physical location where you will be using the Service. When you move the Device to another location, you must register your new location. If you do not register your new location, any call you make using the 911 Dialing feature may be sent to an emergency center near your old address. You will register your initial location of use when you subscribe to the Service. For purposes of the 911 Dialing feature, you may register only one location for use with the Service.
SERVICE OUTAGES DUE TO POWER FAILURE OR DISRUPTION:
911 Dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service, including 911 Dialing.
SERVICE OUTAGE DUE TO TERMINATION OR SUSPENSION OF YOUR VESTED NETWORKS ACCOUNT:
Service outages due to termination of your account will prevent all Service, including 911 Dialing, from functioning.
SERVICE OUTAGES DUE TO INTERNET OUTAGE OR SUSPENSION OR TERMINATION OF BROADBAND SERVICE OR ISP SERVICE:
Service outages or suspensions or terminations of service by your broadband provider or ISP will prevent all Service, including 911 Dialing, from functioning.
SERVICE OUTAGES DUE TO ISP OR BROADBAND PROVIDER BLOCKING OF PORTS OR OTHER ACTS:
Your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that you alert us to this situation, we will attempt to work with you to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service, including the 911 Dialing feature, may not function. You acknowledge that Vested Networks is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of service, including 911 Dialing, which may result. In the event you lose Service as a result of blocking of ports or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you terminate the Service in accordance with this Agreement.
OTHER SERVICE OUTAGES:
If there is a Service outage for any reason, such outage will prevent all Service, including 911 Dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.
DISCLAIMER OF LIABILITY AND INDEMNIFICATION:
We do not have any control over weather or the manner in which calls using our 911 Dialing service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center.
We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither Vested Networks nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 911 Dialing service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless Vested Networks, its officers, directors, employees, affiliates and agents, and any other service provider who furnishes services to you in connection with the VoIP Service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorney’s fees) by, or on behalf of, you or any third party relating to the absence, failure, or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to use 911 Dialing or access emergency service personnel.
NO TRADITIONAL 911 SERVICE:
IF VESTED NETWORKS E911 SERVICE IS NOT AVAILABLE IN YOUR AREA OR ON YOUR PARTICULAR PHONE NUMBER, THEN THERE IS NO WAY FOR YOU TO REACH EMERGENCY SERVICE BY DIALING 911. You acknowledge and understand that that the Service does not include “911” emergency dialing which operates in the same manner as traditional telephone emergency dialing. In the event of an emergency, you will not be able to use the Equipment or the Service to summon assistance through the traditional 911 system. In case of emergency, you will have to use a different instrument that reaches the 911 emergency system in another way. You agree that you are responsible for informing any individual persons who may be present at the physical location where you utilize the Service, that no traditional 911 dialing is available from your Vested Networks Hosted Service and the Equipment.
INCOMPATIBILITY WITH FAX, CREDIT CARD, AND SECURITY SYSTEMS:
The Service is not fully compatible with fax machines, credit card machines, and security systems. You may be required to maintain a telephone connection in order to use any fax, credit card, or alarm monitoring functions for any security system installed in your business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the Service.
CERTAIN BROADBAND AND CABLE MODEM SERVICES:
You acknowledge that there may be some broadband services with which the Service may be determined to be incompatible. You further acknowledge that some providers of broadband service may provide modems that prevent the transmission of communications using the Service. We do not warrant that the Services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of the Service with any particular broadband service.
SERVICE TERM INFORMATION:
The initial term (“Initial Term”) of this Agreement shall be equal to the Software Equipment Financing or Installment Payment Agreement term (typically 3, 4, or 5 Years) from the Service Commencement Date. Unless written notice is given by either party no sooner than ninety (90) days and at least thirty (30) days prior to the expiration of the Initial Term, this Agreement shall automatically renew on a month-to-month basis (“Renewal Term”). At any time during the Renewal Term, either party may terminate this Agreement by giving thirty (30) days written notice to the other party. Service terms may be extended for additional monthly increments due to specific offerings or promotional terms. Service terms are required to offset associated costs of service acquisition, and for Vested Networks to maintain innovative broadband policies and service features for a sustained period. Your initial service term begins once our equipment has been installed, and becomes operational, referred to as your Installation or Activation Date. In cases where an Software Equipment Financing or Installment Payment Agreement is integrated, the Service Term begins on the commencement date of the third-party Software Equipment Financing or Installment Payment Agreement. Upon completion of the third-party Software Equipment Financing or Installment Payment Agreement, Vested Networks will begin billing the “Full MRC” or full amount of the VoIP Package charge and the Hosted PBX Per Station Charge (finance or installment payment). If the customer chooses to renew onto a new contract, the new contract will replace the prior contract. Vested Networks will deliver the new equipment and ensure that it is in proper working order prior to commencement of the new contract.
INSTALLATION PROCEDURE POLICY:
Vested Networks is not responsible for loss of income or time due to an order not being completed within the time frame desired, service outages, missed CLEC or ILEC appointments, and/or Trouble Ticket dispatches.
PORTING EXISTING NUMBER:
It is the customer’s responsibility to ensure that their old phone company relinquishes their old phone number in a timely manner. Some outgoing phone companies will attempt to delay this process to discourage leaving them. Vested Networks shall assist the customer during this transition but is not responsible for any of the prior carrier’s service charges should the outgoing phone company introduce a delay for any reason.
EQUIPMENT & WARRANTY DISCLAIMERS:
Vested Networks Hosted PBX provides all the required equipment to facilitate your IP communication system as outlined in the service proposal and/or Software Equipment Financing or Installment Payment Agreement. You agree to comply with all instructions and requirements regarding the use and/or care of our equipment, and to take reasonable measures to protect the equipment at all times. You will provide a secure, air-conditioned space to house the equipment and sufficient electricity (with certified earth ground) to operate the equipment. We will replace any of our equipment that does not perform as specified, at no charge to you, unless we determine, in our sole discretion, that you are directly or indirectly responsible for the Vested Networks equipment failure. Equipment that is rented or leased to you will be covered under the original equipment manufacturers’ limited warranty which is typically 1 year from the date of installation.
In the case of a change in Customer’s primary physical location where the equipment (phones, router, data switch, battery backup) is located, Vested Networks requires a 30-day notice to initiate a move of service to the new location. You may elect to move the equipment yourself or use a third party to move the phones and equipment. If you hire Vested Networks to move your equipment, normal hourly billing rates will apply.
LOCAL NUMBER PORTABILITY:
In the event you are not utilizing a new phone number for your Vested Networks Services, but rather are transferring an existing phone number from another carrier to Vested Networks, the following terms and conditions shall apply:
- You hereby authorize Vested Networks to process your order for Vested Networks Hosted Services and to notify your local telephone company of your decision to transfer your local, local toll, and long distance services to Vested Networks Hosted Services, and represent that you are authorized to take this action; and
- You agree that, if you do not transfer all of your numbers to Vested Networks, you are responsible to cancel all non-transferred numbers with your current carrier.
- You agree and acknowledge that if you set up your phone equipment prior to the date that the number transfer becomes effective (“Port Effective Date”), you may be able only to make outgoing. In this event, you should keep another phone connected to an existing phone extension at your service location to receive incoming calls until the Port Effective Date, after which you will be able to both make and receive calls using the Vested Networks Hosted Services.
- You agree and acknowledge that if your phone equipment is not yet activated as of the Port Effective Date, your existing phone service for the number you are transferring may be interrupted and you may have no service for that telephone number. To avoid an interruption in your phone service, you must install the Vested Networks phone equipment prior to the Port Effective Date.
NUMBER TRANSFER ON SERVICE TERMINATION:
Vested Networks may receive requests from other telephony providers (Requesting Party) acting as agents on your behalf to port a telephone number currently assigned to you to a third-party provider (“Port-Out”). Vested Networks will support all such requests and will cooperate with the Requesting Party to perform any Port-Out in accordance with the Requesting Party’s reasonable directions and Vested Networks’ or its vendors’ standard operating procedures. Note that you will be responsible for all monthly, usage, and disconnect fees associated with your Service until the Port-Out date of completion or the last date of your service period, whichever comes last.
Vested Networks reserves the right to change, amend, or revise this “AGREEMENT” at any time. Changes or revisions to the “AGREEMENT” will be deemed effective upon posting the applicable revision on its website.
ACCOUNT BILLING & INVOICING & PERFORMANCE MILESTONES:
Vested Networks reserves the right to perform a credit check as part of the qualification process prior to order placement and to either cancel the order without liability to either party or require prepayment of certain charges based on the results of this check.
Billing will commence on your Activation Date (i.e. the day your equipment is installed, and inbound call transfers are completed.) You will be financially responsible for all service time thereafter unless Vested Networks is notified within a timely manner of an outstanding issue which Vested Networks deems to justify service credit. All additions to your existing service package are recognized as non-refundable, regardless of usage. Service fees may include applicable state and federal taxes, and telecommunications taxes, surcharges, and fees in addition to the advertised rate.
Bill Accounts that utilize auto payment through a credit card will have all payments charged to the credit card for Vested Networks Services. Each month we will bill your card account for all charges arising during that billing cycle. Your initial use of the Service authorizes Vested Networks to charge the credit card account that you provided to us when you subscribed for the Service. This will include any changed credit card account information given to us if the card expires or is replaced. This authorization will remain valid until 30 days after we receive your written notice terminating our authority to charge your credit card. We may terminate your Service at any time at our sole discretion if any charge to the credit card account that we have on file for you is declined or reversed, or in case of any other non-payment of account charges. In the event of any declined or reversed credit card payments, or in case of any other non-payment of account charges, you will remain fully liable to Vested Networks for all charges accrued before termination and for all charges incurred by us owing to your non-payment. These include, but are not limited to; late fees equal to the greater of 10% or $35 per month or the maximum allowed by law, collection costs, declined or reversed credit card expenses, and reasonable attorney’s fees and disbursements. This is in addition to any other remedies that may be available to us by law.
You are responsible for, and shall pay any applicable federal, state, municipal, local, or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or any Equipment. Such amounts are in addition to payment for the Service or Equipment and will be billed to your account. If you are exempt from payment of such taxes, you must provide us with an original government-issued certificate attesting to tax-exempt status. In such a case, your tax exemption will apply only from and after the date we receive the qualifying tax exempt certificate. If we honor your tax exempt certificate, you agree to defend, indemnify, and hold us harmless from and against any claims or penalties imposed against us by any taxing authorities in connection with your subscription for the Service or your use thereof. Vested Networks charges for its service continuously, regardless of whether or not you are using it, because we continue to maintain your connection, provisioning, and telephone interoperability, and keep voicemail and files you have saved in your account on our servers. This is also true of accounts that are Frozen (denied access) due to non-payment.
Should you opt to terminate your Vested Networks service(s), you must contact us via telephone on the effective date. All disconnection requests will be processed on the date the request is received, providing Vested Networks has received proper notification per the terms outlined in Termination – Cancellation Policy section. This applies to both total account and single service terminations. Broadband services are also subject to our Disconnection Policy.
Bill Accounts will be invoiced 10 days prior to the start of each regular monthly service period. Exceptions may include the initial or final invoice for a particular service. Payment is due prior to the beginning of the service period billed, as indicated by the invoice’s Due Date. All payments will be applied to the oldest unpaid invoice in relation to your account’s bill cycle. For example, if your Bill Account’s Invoice Date is the 1st of the month and payment remains past due until the 15th, Accounts Receivable will apply your payment back to the previous month, forwarding your Due Date for current charges to the 1st of the following month. You will need to make another payment before the 1st to keep your account from becoming past due again. If a payment in any form is recovered or otherwise not paid by your financial institution, there will be a Returned Payment Fee.
Bill Accounts that use credit cards for payment are automatically set up for auto-renewal by default, using the credit card information provided during the order process. To update your credit card information, you will need to contact Vested Networks Customer Care. Vested Networks will make every effort to process auto renew payments from your credit card or checking account 7 days prior to each invoice’s due date. Vested Networks reserves the right to charge the credit card on file if your check payment is cancelled, fails to process through the Automated Clearing House (ACH), or if your account, regardless of the auto renew status, remains past due.
Vested Networks reserves the right to terminate Bill Accounts that remain past due at its final discretion. Upon termination, services on the account will be discontinued and all files will be removed from our servers without further notice. Any applicable Termination or Cancellation Fees will be applied and due at that time.
If you wish to reinstate service with Vested Networks, you will be required to pay all outstanding charges from the inception of your service continuously to the current month, which is always paid in advance, in addition to possible reactivation fees. If your account is permanently deleted, the associated username and telephone extension number(s) may be reassigned. If you wish to reinstate your account, you will be subject to any and all installation and setup charges in effect at the time of order placement, as well as any pertinent outstanding charges from your former account.
LIABILITY & LIMITATIONS:
Vested Networks is not liable for any costs, expenses, losses, or damages, either general, special, actual, consequential, or incidental, that you may suffer or that some other person may suffer and claim against you resulting from the following: use, misuse, or service outage; customer premise hardware; your actions or activities, whether legal or illegal; the actions or activities of any other Vested Networks customer, whether legal or illegal; or any other goods or services provided by Vested Networks or any of its vendors. In no event shall Vested Networks be liable to you under this Agreement or in relation to any matters in any way connected with this Agreement in an amount that exceeds the service fees you have paid in the preceding year.
The technical support that Vested Networks provides is limited to the connectivity itself and assistance with configuring your phones to work with our services. Support for other applications and uses is not provided or implied.
Call recording presents special technical challenges. Therefore, most hosted PBX providers do not offer call recording services. Call recordings may be intentionally or unintentionally deleted or permanently lost due to the failure of data storage systems or other equipment. Vested Networks provides call recording capabilities on a best effort basis only, and does not make any warranty concerning the reliability, availability, or audibility of any call recording made on the Vested Networks hosted PBX system. Call recording may present special legal requirements, and you acknowledge that it is your responsibility to research and comply with any Federal, State, or local laws governing the creation or usage of call recordings, call monitoring, or any other feature that may require legal or regulatory compliance. Some states require that all parties in a recorded telephone conversation are notified of the recording, and it is your responsibility to ensure that appropriate audio announcements are used whenever required to ensure legal compliance.
MUTUAL HOLD HARMLESS & INDEMNIFICATION:
Customer agrees to indemnify and mutually hold harmless and defend Vested Networks and its directors, officers, employees, and agents from and against any action, claim, demand, or liability, including reasonable attorneys’ fees and costs, arising from or relating to the telephone system, email, network, servers, PC’s, or any acts or omissions of Customer.
We will not be in violation of this Agreement or otherwise liable for any delay, failure to perform or equipment or property damage, loss, destruction or malfunction, or any consequence thereof, caused by anything beyond our reasonable control, including, without limitation, fire; earthquake; flood; weather; acts of God; labor disputes; utility curtailments; power failures; cable cuts; failure caused by telecommunications or other Internet provider(s); Handsets or other Services Related Products (including Mobile Related Products); worms, Trojan horses, viruses, or other destructive code or software; explosions; civil disturbances; terrorism; vandalism; governmental actions; or shortages of equipment or supplies (collectively, “Events of Force Majeure”).
ARBITRATION & CHOICE OF LAW OR JURISDICTION:
Any disputes greater than $7,500 that arise between Client and Company with respect to the performance of this contract shall be submitted to binding arbitration by the American Arbitration Association, to be determined and resolved by said association under its rules and procedures in effect at the time of submission, and the parties hereby agree to share equally in the costs of said arbitration. The final arbitration decision shall be enforceable through the courts of the State of Texas. In the event that any court of competent jurisdiction holds this arbitration provision unenforceable, then this contract shall be as binding and enforceable as if this paragraph were not a part thereof. The party losing the arbitration shall reimburse the party who prevailed for all reasonable attorneys’ fees and all reasonable expenses (as determined by the arbitrator) incurred by the prevailing party in connection with the arbitration proceedings.
Company and Client both agree that they shall not, without prior written consent of the other party, willfully disclose to any third party any information that is disclosed by Client to Company, or by Company to Client, that is labeled or clearly designated by Client or Company as confidential or proprietary information. These restrictions, however, will not apply to information that has become known to the public generally through no fault or breach of Company or Client, or that Company or Client regularly gives to third parties without restriction on use or disclosure.
This Agreement may not be assigned by either party without the prior written consent of the other party. Except for the prohibition on assignment contained in the preceding sentence, this Agreement shall be binding and inure to the benefit of the heirs, successors, and assigns of the parties hereto.
It is the responsibility of the account holder to notify Vested Networks of cancellation via certified mail. Vested Networks reserves the right to accept request for termination via email or phone call but this type of request will not be deemed official until Vested Networks acknowledges the termination request via a confirmation letter or email to be sent to the customer. Returning hardware, completion of service term, transferring numbers, or cessation of payment does not constitute notification of cancellation. For Customers who cancel service within an active service term, the following charges will apply:
- Cancellations within 72 hours of order placement will not be subject to penalty. Cancellations Requested before the installation or activation date and after 72 hours from the initial order placement will be subject to a Processing Fee. If your order has not been installed after 60 calendar days, you may cancel without penalty. There are no associated penalties for orders canceled by Vested Networks or its vendors due to technical limitations. If, after both parties have signed the Agreement, termination occurs after 72 hours but before we begin installation of equipment or activation of Services, you shall be liable for $1,000.
- If termination occurs during the Initial Term of this Agreement, you shall be liable for: (a) all outstanding nonrecurring fees plus (b) 100% of the Monthly Fees for each month, if any, remaining in the Initial Term,
- If termination occurs after the Initial Term of this Agreement, you shall be liable for (a) all outstanding nonrecurring fees, plus (b) 100% of the Monthly Fees for each month remaining in the applicable term.
- All equipment provided as part of Vested Networks Hosted PBX Services must be returned within thirty (30) days of termination and in good working order. Customer shall be liable for all missing or damaged equipment.
- All customers terminated for any reason are liable for any and all outstanding funds due to Vested Networks at the time of service termination, including but not limited to rendered service, hardware, and installation fees.
Vested Networks is committed to providing quality Hosted PBX Services. However, Vested Networks is not ultimately responsible for the quality of your personal computer or any modifications you make to any equipment we supply. We are committed to solving your problems, but we are not responsible for failings in individual Operating Systems and custom configuration of Operating Systems, Operating System components, software, network hardware, or inside wiring.
VESTED MOBILE APP:
This application requests access to your phone contacts to unify all contact information and to permit calling and messaging your local contacts. Your phone contact information is kept locally and is not distributed online. However, in making calls or text messages, the phone number of the recipient as well as your own phone number will be sent to our API. You can always revoke access to phone contacts in settings.
Vested Networks’ eFax is a service of offering faxing over the internet. Because of inherent compatibility issues with faxing through VoIP networks, this service is unsupported. If you send a significant number of faxes or if you need the convenience and reliability of a standard fax machine, we recommend upgrading to our vFax service which provides a specialized fax adapter for use with your fax machine.
Vested Networks is dedicated to the use of Voice over Internet Protocol (VoIP) and related technologies to improve the telecommunications industry and the lives of individuals throughout the world.
At Vested Networks, privacy matters. Vested Networks respects the privacy of its Customers and other individuals with whom Vested Networks has business interactions.
It is also applicable to all personal information that is collected, maintained, or processed by Vested Networks. The concepts enumerated in this policy will guide Vested Networks’ selection and expectations of its Customers, partners, agents and/or contractors to whom Vested Networks transfers and relies on for processing of personal information.
Vested Networks provides the technology platform for hosted or “cloud” unified communications as a service offerings (UCaaS). These Products merely act as a conduit for data transmitted by third parties and Subscribers. Vested Networks processes personal information that is controlled by or originated from other companies, such as our Customers or other business partners. Vested Networks also processes personal information in the course of providing support for Vested Networks communications products. Vested Networks shall protect the personal information, comply with all laws that regulate the processing of such personal information, and process the information only as authorized by the data controller or the data subject. Accordingly, Vested Networks relies on guidance and direction of the Customer (as the data controller), who determines the purposes of processing such personal information. In some cases, Vested Networks may collect and process personal information for our own business purposes and shall comply with the applicable privacy laws concerning Vested Networks processing.
While Vested Networks does process data in its role of providing a technology platform, it does not own, control, or direct the use of any of the personal information stored or processed by any Customer or Subscriber. Vested Networks only processes such personal information in order to provide and invoice for purchased and/or subscribed Products and Services.
Vested Networks provides the technology platform for hosted or “cloud” unified communications as a service offerings (UCaaS). These Products merely act as a conduit for data transmitted by third parties and Subscribers. Vested Networks processes personal information that is controlled by or originated from other companies, such as our Customers or other business partners. Vested Networks also processes personal information in the course of providing support for Vested Networks communications products.
Vested Networks shall protect the personal information, comply with all laws that regulate the processing of such personal information, and process the information only as authorized by the data controller or the data subject. Accordingly, and in its role as a data processor, Vested Networks relies on guidance and direction of the Customer (as the data controller), who determines the purposes of processing such personal information. In some cases, Vested Networks may collect and process personal information for our own business purposes and shall comply with the applicable privacy laws concerning Vested Networks processing.
While Vested Networks does process data in its role of providing a technology platform, it does not own, control, or direct the use of any of the personal information stored or processed by any Customer or Subscriber. Vested Networks only processes such personal information in order to provide and invoice for purchased and/or subscribed Products and Services.
What Information We Collect or Process
Vested Networks processes and in certain situations collects personal information as needed to deliver its Products and Services and manage its business. When collecting personal information, Vested Networks does so in a reasonable and lawful manner.
The types of information and the purposes for which Vested Networks collects or processes personal information may include:
Indirect End User Phone Contact Information (Personal Identifiable Information or “PII”)
Vested Networks acts as a data processor with regard to indirect end user personal identifiable information and our Customers act as the data controller of such data. In the course of Vested Networks’ processing and protection of such data, all use will be in conformity with the data controller’s instructions.
Specifically, only when enabled via system permission on NOVA mobile, SNAPmobile Android and SNAPmobile iOS (“mobile apps”), Vested Networks shows personal contacts within the respective application. When the user sends an SMS message to one of his/her phone contacts, or when the user initiates a call to one of his/her phone contacts, the phone number is sent securely through Vested Networks’ secure, cloud-based systems. Vested Networks does not store this number with any other PII, and it cannot be directly or indirectly attributed to any person or persons; Vested Networks stores only the phone number and pertinent metadata so as to be compliant with all applicable state and federal laws, and Vested Networks does not share this data with any advertisers or third parties under any circumstances. A user can revoke phone contact access on his/her mobile device at any time, and his/her app experience is not hindered or interrupted.
Mobile apps also use Gravatar, only when enabled via Settings and UIConfigs, which is a service that provides avatar images linked to the MD5 hash of the user’s email address. This means that, only when Gravatar use is enabled, we hash each contact’s email address and send it to Gravatar to try and retrieve an avatar image. MD5 hashes cannot be directly or indirectly attributed to any person or persons, and we only send the MD5 hash to Gravatar, never the email address in plain text. As with phone contacts, a user can revoke Gravatar access at any time in Settings or via UIConfig, and his/her app experience is not hindered or interrupted.
Business Contact Information
Vested Networks may collect and use personal information about individual contacts of Customers and others who access Vested Networks public websites, knowledge bases, forums, ticket systems, or provide personal information through other means. Such information may include but is not limited to account information, first/last name, company name, title, and responsibilities, work email address, work mailing address, telephone numbers, login information, device identifiers, as well as additional information provided by such individuals in the course of receiving Products and Services from Vested Networks and/or requesting information about Vested Networks. We will use such information for the purposes of providing Products and Services, support, conducting data analytics and product assessments and related activities, and providing information regarding Vested Networks Products and Services.
Customer Proprietary Network Information (CPNI)
Customer Proprietary Network Information (CPNI) may include information regarding quantity, destination, technical configuration, location, amount of use and related billing information of telecommunications, interconnected and/or non-interconnected Voice over Internet Protocol (VoIP) services. This may include but is not limited to the phone numbers that you call or send messages to (or the phone numbers that you receive these calls and messages from) through our Products and Services. The date, time and duration of the calls may also be collected. This data is used for billing and service level assurance.
Vested Networks provides Products and Services that are primarily for the benefit of Customers and Subscribers in that Vested Networks transmits, routes, switches, or caches information. These Products and Services merely act as a conduit for data transmitted by third parties and Subscribers. Vested Networks does not determine the purposes and means of processing this personal information. Except for Subscriber data provided by the Customer (the Subscribers service provider) for which Vested Networks is merely providing a conduit for transmission, the subscribed services are of such a nature that, in most instances, Vested Networks requires and collects only essential CPNI and billing information; and opting out or declining to provide the requested data may hinder the provision or delivery of subscribed services. However, for CPNI data that is collected by Vested Networks that is not subject to the control of others, Vested Networks shall obtain consent from the user for the processing of this data.
Vested Networks collects end-user CPNI in the course of providing Product support. This data may pertain to Customers of Vested Networks or Subscribers (eg: end users of Vested Networks’ direct Customers). This data may include IP address, telephone number, email address, call detail records, call recordings and other information sufficient to identify an individual end user.
Indirect End User’s CPNI
Vested Networks acts as a data processor with regard to indirect end user personal information and our Customers act as the data controller of such data. In the course of Vested Networks’ processing and protection of such data, all use will be in conformity with the data controller’s instructions.
Direct End User’s CPNI
Vested Networks typically collects and processes direct end user (eg: Customers, vendors, and partners) personal information for the purposes of providing Products and Services, support, conducting data analytics and managing product performance.
Messaging, Voicemail, Video and Media Files
Vested Networks provides Products and Services that facilitate the recording and storage of audio and video by way of features such as, but not limited to voicemail, call and conference recording. Users may elect to store or record personal information within these resources at their discretion.
Anonymized, Non-Identifying Voice and Traffic Data
Vested Networks may use anonymized, non-identifying data collected from use of our Products and Services. This anonymized, non-identifying data may be used to enhance such items, but is not limited to, voice activation, improve traffic analysis algorithms and techniques, and recognition algorithms. This processing is executed under applicable terms and supports Vested Networks’ legitimate interests in tuning, maintaining, and enhancing these Products and Services.
How We Collect Information
When you use one of our Products or Services, Vested Networks collects, and stores certain information that you provide directly. We also collect information about your use of the Products and Services.
General Information about Cookies
A cookie (also known as an HTTP cookie, web cookie, or browser cookie) is a small piece of data sent from a website and stored in a user’s web browser while the user is browsing that website. Every time the user loads the website, the browser sends the cookie back to the server to notify the website of the user’s previous activity. Cookies were designed to be a reliable mechanism for websites to remember useful information (such as items in a shopping cart) or to record the user’s browsing activity (including clicking particular or specific buttons, logging in or recording which pages were visited by the user as far back as months or years ago).
Cookies and Similar Collection Methods
Vested Networks also collects technical information about your usage of the Products and Services, and we use various technologies to collect information about cookies, IP addresses, device type and device identifiers, application state and the date and time of activity with our Products and Services, and other similar information. Vested Networks may associate this information with your user identification and/or account number for our internal use.
Other Passive Site Tracking
Websites may also utilize Internet Protocol (IP) addresses and log files to identify network and server concerns and problems. Vested Networks also utilizes web beacons and other passive tracking mechanisms to perform standard website traffic analysis in a similar manner to how we utilize cookies.
Credit Card Information
Vested Networks only collects credit card information in order to bill for purchased or subscribed to Products and Services. Vested Networks utilizes third-party credit card payment processing agents (where these agents are required to implement reasonable and appropriate measures to protect and secure this information from loss or misuse) solely for the purpose of processing payments for those Products and Services purchased or subscribed to. These payment processors use of your personal information is governed by their privacy policies, as well as adhering to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like American Express, Visa, Mastercard, and Discover.
How does Vested Networks Utilize Cookies
Other Third-Party Cookies
On some pages of our websites, other organizations may also set their own anonymous cookies. They do this to track the success of their products and/or services, or to customize the experience for you. Because of how cookies function, our websites cannot access these Third-Party cookies, nor can the other organization access the data in cookies Vested Networks uses on our websites. For example, when you share an article or post using a social media sharing button (Facebook, LinkedIn, or other social media outlets) on vestednetworks.com, the social network that has created the button will record that you have done this.
Vendors, Suppliers, and Subcontractors
Vested Networks may collect personal information about individuals who are employed by our suppliers and vendors. This business contact and payment information are strictly used to administer existing and future business arrangements.
Additional personal information may be collected, processed, and disclosed for the purposes for which it was collected and for legal compliance purposes, including regulatory reporting, investigation of allegations of wrongdoing, and the management and defense of legal claims and actions, and compliance with subpoenas, court orders, and other legal obligations. For example, we may collect information about individuals that visit our office or other facilities. When we do collect data, such collection shall be relevant, proportionate, and limited to the purposes for which they are processed.
Individuals will be offered a clear, conspicuous, and readily available mechanism to choose (opt-out) whether their personal information is (1) to be disclosed to a third party (other than a third party acting as an agent to perform tasks on behalf of and under the instruction of Vested Networks or (2) to be used for a purpose that is materially different than or incompatible with the purpose for which it was originally utilized or subsequently authorized by the individual.
Additionally, individuals will be offered a similar choice mechanism to give affirmative or explicit (opt in) choice whether their sensitive personal information is to be disclosed to a third party or used for a purpose other than the purposes for which it was originally collected or subsequently authorized by the individual by opt-in choice. However, explicit (opt in) choice is not required when the disclosure of the sensitive personal information is (1) in the vital interests of the individual or another person; (2) necessary for the establishment of legal claims or defenses; (3) required to provide medical care or diagnosis; (4) necessary to carry out the organization’s obligations in the field of employment law, or (5) related to personal information that is manifestly made public by the individual.
How We Use the Information We Collect
We use your information primarily and as necessary to provide you with the various Vested Networks Products and Services, including but not limited to one or more of the following ways: to create your accounts and allow use of our Products, to provide technical support and respond to Customer inquiries, to prevent fraud or potentially illegal activities, enforce our other agreements with you, to notify Customers of application updates, and to inform Customers about new products or promotional offers.
Vested Networks recognizes that for some sensitive information, affirmative express consent from individuals is required and must be obtained if such information is to be (i) disclosed to a third party or (ii) processed for a purpose other than those for which it was originally collected or subsequently authorized by the individuals through the exercise of opt-in choice. In addition, Vested Networks shall treat as sensitive any personal information received from a third party where the third party identifies and treats it as sensitive.
If you have created a user profile on any Vested Networks service portal (e.g.: Knowledge Base, Partner Portal, etc.), you may access and revise the personal information in your user profile when you log into your account. In general, these portals will only require minimal personal information that is necessary to provide and administer the service.
If you provide us with your email address or other business contact information to enable us to provide communications and information to you, we may use the information for providing such communications including the delivery of press releases and other Vested Networks marketing materials. You may request to no longer receive Vested Networks marketing communications by following the “unsubscribe” instructions in emails from Vested Networks or by sending a request to the contact identified below.
In the rare and unlikely event that Vested Networks wishes to use an individual’s personal information for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by the individuals; Vested Networks will seek consent in advance as required by applicable law.
Security of Your Information
We implement security measures we believe are reasonable to protect your information. It is important that you protect and maintain the security of your account and you need to immediately notify us of any unauthorized use of your account. Remember, no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot and do not guarantee its absolute security.
Protecting Personal Information
Sharing Your Information
We may disclose or report information that individually identifies Customers, Subscribers, or devices in certain circumstances, such as:
(i) if we have a good faith belief that we are required to disclose the information in response to a valid legal process (for example, a court order, search warrant or subpoena, or to defend or respond to legal actions, and as otherwise authorized by law, or in response to lawful requests by public authorities, including to meet national security or law enforcement requirements); (ii) to satisfy applicable laws, (iii) if we believe that the Products and Services are being used in an unauthorized, unlawful or abusive manner, such as to commit a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction, (iv) if we have a good faith belief that there is an emergency that poses a threat to the health or safety of a person or the general public, (v) in order to protect the rights or property of Vested Networks, including enforcement of our Intellectual Property Rights and terms of the Agreement(s), and (vi) for all other purposes with your consent. We may also provide your information to third party companies to perform services on our behalf, including but not limited to payment processing, data analysis, message delivery, hosting services, customer service, and marketing.
If Vested Networks enters into a merger, acquisition or sale of all or a portion of its assets or business, Customer and Subscriber information, including personal information, will also be transferred as part of or in connection with the transaction as per applicable law.
In general, personal information may be shared within Vested Networks, where legally permitted for reasonable and appropriate corporate purposes. However, even within Vested Networks, we restrict access to personal information to those employees, agents, or contractors who need access to carry out their assigned functions.
Vested Networks uses vendors and partners for a variety of business purposes, such as to help us develop, deploy, and invoice for the various Products and Services we provide. We share information with those vendors and partners when it is necessary for them to perform work on our behalf. Vested Networks requires that these vendors and partners protect the customer information we provide to them and limit their use of such information to their respective processing activity. Vested Networks will only transfer or provide direct access to personal information covered by this policy to third parties that have made a commitment to respect the privacy rights of the data subject; limit processing of personal information to comply with data controller instructions; and provided Vested Networks contractual assurances that they will provide at least the same level of privacy protection as is required by applicable privacy laws.
Transfer of Data
Your information, including personal information, may be transferred to, and maintained on, computers, servers or other data storage located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. If you reside outside the United States and choose to provide information to Vested Networks, please note that we transfer the data, including personal information, to the United States and process it there.
Vested Networks employs reasonable means to keep personal information accurate, complete, and current, as needed for the purposes for which it was collected.
Retention of Data
Personal information collected by Vested Networks will be retained for as long as necessary and legally permitted for the purposes for which it was collected, to provide you with Products and Services, enforce our legal agreements and policies and to conduct our legitimate business interests or where otherwise required by law.
How to Access and Update Your Information
We generally provide individuals with an opportunity to examine their own personal information, confirm the accuracy and completeness of their personal information, and have their personal information updated, if appropriate.
The ability of an individual to access his or her personal information is not unlimited, however. An individual’s ability to access personal information may be limited, for example, where (i) the burden or expense of providing access would be unreasonable or disproportionate to the risks to the individual’s privacy, (ii) the information should not be disclosed due to legal or security reasons or to protect confidential commercial information; or (iii) providing access would compromise the privacy of another person.
If you have created a user profile on a portal, you may also access and revise the personal information in your user profile when you log into your account.
Third-Party Websites, Plugins or Widgets
Health Insurance Portability and Accountability Act
The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) is United States legislation that provides data privacy and security provisions for safeguarding medical information. Vested Network’s Services are, by default, not automatically enabled for HIPPA compliance thus the Customer’s use of same are also non-HIPPA compliant.
Customer agrees that it will not use the Products and Services to create, receive, transmit, maintain, store, use, disclose, or otherwise cause the Products and Services to handle Protected Health Information (“PHI”) as defined under HIPAA. Customer retains complete and full responsibility to ensure that the Products and Services are only applied to use-case scenarios where the Products and Services do provide the necessary level of security and privacy protections.
Customer also acknowledges and agrees that it is the Customer’s responsibility to request their Vested Networks Services be configured to be HIPPA complaint. The Customer must request HIPPA compliance on the initial proposal, or in writing any time after services are installed. HIPPA compliance only begins after Vested Network’s completes the required system settings and confirms this status with the Customer, which includes certain end-user configurations at the Customer’s location(s) along with Customer’s responsibility to train their employees to have suitable HIPPA knowledge to remain compliant.
CUSTOMER’S AGREEMENT TO THIS PROVISION IS A MATERIAL CONDITION OF MAKING THE PRODUCTS AND SERVICES AVAILABLE TO CUSTOMER. In addition to any indemnity requirements in these Terms, Customer shall indemnify, defend and hold harmless Company, Company Affiliates and all of the directors, officers, managers, partners, employees, agents, representatives, heirs, successors and assigns of Company and each of Company’s Affiliates against all actions, claims, losses, penalties, fines, assessments, administrative costs, credit protection costs, damages and expenses (including reasonable attorneys’ fees) arising out of Customer’s violation of the provisions of this section, caused in whole or in part by any act or omission of Customer, or of anyone employed by or acting as a subcontractor, representative or agent of Customer. Any limitation on liability set forth in the terms of the Master Services Agreement or any other agreement between Company or its Affiliates and Customer shall not apply to Customer’s liability under this provision.
California Privacy Rights
The California Data Protection Act (Cal. Civ. Code §§ 1798.83), also known as S.B. 27 “Shine the Light Law”, applies to a business that owns or retains California residents’ personal information and, requires such business to disclose to its California customers, upon request, the identity of any third parties to whom the business has disclosed personal information within the previous calendar year, along with the type of personal information disclosed, for the third-parties’ direct marketing purposes.
A business subject to California Business and Professions Code Section 22581 and the Privacy Rights for California Minors in the Digital World Act (Cal. Bus. & Prof. Code §§ 22580-22582) must allow California residents under age 18 who are registered users of online sites, services or applications to request and obtain removal or other forms of anonymization of content or information they have publicly posted. Your request should include a detailed description of the specific content or information to be so removed.
Our Products and Services do not address anyone under the age of 18 (“Children”). We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us. If we become aware that we have collected personal information from children without verification of parental consent, we take steps to remove that information from our servers.