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Terms of Service
These Terms of Service constitute the agreement ("Agreement") between MabuhayVoice ("we," "us" or "MabuhayVoice") and the user ("you," "user" or "Customer") of MabuhayVoice's Monthly calling plan services and Bulk plan services and any related products or services ("Service"). This Agreement governs both the Service and any devices, such as an IP phone, Multimedia Terminal Adapter, Analog Telephone Adapter or any other IP connection device, ("Device" or "Equipment") used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms. If you have purchased Equipment from any MabuhayVoice retail dealer, you will be deemed a "Retail Customer" and will be governed by certain Retail Customer terms and conditions as set forth herein.
For MabuhayVoice Individual service user, the Service is provided to you as an individual user, for your personal, residential, non-business and non-professional use. This means that you are not to use it for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, sales, tele-commuting, telemarketing (including without limitation charitable or political solicitation or polling), autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal individual usage patterns. This also means that you are not to resell or transfer the Service to any other person for any purpose, or make any charge for the use of the Service, without express written permission from MabuhayVoice. You agree that your use of the Service provided to you by any other person for any business or governmental purpose will obligate you to pay MabuhayVoice's higher rates for business service on account of all periods, including past periods, in which you use, or used, the Service for business or governmental purposes. MabuhayVoice reserves the right to immediately terminate or modify the Service, if MabuhayVoice determines, in its sole discretion, that Customer's Service is being used for non-individual or business use.
For MabuhayVoice Business service user, the Service is provided to you as a business user. This means that you are not to resell or transfer the service to any other person for any purpose, without express written permission from MabuhayVoice. You agree that the MabuhayVoice Business Plans do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, call centers (incoming or outgoing), telemarketing (including without limitation charitable or political solicitation or polling), fax broadcasting or fax blasting. MabuhayVoice reserves the right to immediately terminate or modify the Service, if MabuhayVoice determines, in its sole discretion, that Customer's Service is being used for any of the activities mentioned above.
Equipment Requirements The Service requires standard SIP based customer premises equipment ("CPE") which may be provided by MabuhayVoice or by the Customer pursuant to the terms of this Agreement. Use of the Service without such equipment is strictly prohibited. If you elect to provide your own equipment, then you are solely responsible for maintaining it and ensuring that it is compatible with the Service, and you agree that if it is not compatible with, or properly configured for, MabuhayVoice, MabuhayVoice may terminate the Service in its sole discretion.
You acknowledge and understand that the Service does not function in the event of power failure. Should there be an interruption in the power supply, the Service will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure the Device and other CPE equipment prior to using the Service. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet (which is not provided by MabuhayVoice) and that, accordingly, in the event of an outage of, or termination of broadband service with or by your Internet service provider ("ISP") and/or broadband provider, the Service will not function. If there is an interruption in the power supply and/or an ISP/broadband outage, the Service will not function until the power supply is restored and/or the ISP/broadband outage fixed. You will continue to be billed for the Service during such failures, terminations and/or outages unless and until you or MabuhayVoice terminate the Service in accordance with this Agreement.
Termination/Upgrade/Downgrade of Monthly Calling Plans For MabuhayVoice Individual and Business monthly plan users the service is provided on a monthly basis and is paid in advance for each month. The monthly plan activation date is deemed the anniversary date. The monthly plan will renew each month on the anniversary date unless terminated by the customer. Notice of termination must be in writing and emailed to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it two days prior to the anniversary date. Monthly plan fees will not be prorated and/or refunded for the termination month. Notice of termination received after the required notice date will be effective for the next anniversary date. A setup fee will be charged to reactivate plans that were previously terminated. Requests to upgrade or downgrade a monthly calling plan to a different calling plan must be submitted in writing and emailed to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it . Request to change an existing plan must be submitted at least five days prior to the monthly anniversary date. Requests to upgrade or downgrade a monthly plan are not automatic and are subject to approval by MabuhayVoice. Existing monthly plan customers that receive approval from MabuhayVoice to change to a more expensive (upgrade) monthly plan may do so without having to pay another setup fee. Existing monthly plan customers that receive approval from MabuhayVoice to change to a less expensive (downgrade) monthly plan may do so and will be required to pay another setup fee.
Any End User's use of the Service or any other action that causes a disruption in the network integrity of MabuhayVoice or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the Service and/or payment for damages relating to such conduct. The End User understands that neither MabuhayVoice nor its vendors are responsible for the content of the transmissions that may pass through the Internet and/or the Service. The End User agrees that it will NOT use the Service in ways that violate laws, infringe the rights of others, or interfere with the users, services, or equipment of the network. The End User agrees and represents that it is using the Service for its own internal use only, and shall not resell the Service thereof. The Service is for the personal, residential and reasonable business use of the End User only. Such use shall not include certain activities, including but not limited to any autodialing, continuous or extensive call forwarding, continuous connectivity, fax broadcast, fax blasting, telemarketing or any other activity that would be inconsistent with personal, residential and reasonable business use patterns.
MabuhayVoice may change the terms and conditions of this Agreement from time to time and at its discretion without prior notice. MabuhayVoice reserves the right to change, suspend or cancel the Service, temporarily or permanently, with or without notice to the End User. MabuhayVoice will not be liable to the End User or any third party in the event that MabuhayVoice exercises its right to modify or discontinue the Service.
Telephone Numbers Any telephone number provided by MabuhayVoice (the Number) to the End User shall be leased and not sold to the End User. The End User shall not obtain any rights, title or interest in the Number. The Number is not portable to other service providers. The End User is not to use the Number with any other device other than the approved equipment (the Equipment) without the express written permission of MabuhayVoice. MabuhayVoice reserves the right to change, cancel or move the Number at its discretion. Upon expiration, cancellation or termination of the Service, the End User shall relinquish and discontinue use of any phone numbers, voice mail access numbers and/or web portals assigned to the End User by MabuhayVoice.
Warranties MabuhayVoice makes no express or implied warranty regarding the service or device or the installation of same and disclaims any implied warranty, including any warranties of merchantability and/or fitness for a particular purpose. Mabuhayvoice does not warrant that the service or device will function without failure, delay, interruption, error, degradation of voice quality or loss of content, data or information. Mabuhayvoice does not authorize anyone, including but not limited to its employees, agents or representatives, to make a warranty of any kind on its behalf and you should not rely on any such statement. if customer purchased the device new from Mabuhayvoice and the device included a limited warranty at the time of purchase, customer must refer to the separate limited warranty document for information on the limitation and disclaimer of such warranty. if customers device did not include a limited warranty from Mabuhayvoice at the time of purchase, customer agrees that it accepts the device "as is" and that customer is not entitled to replacement or refund in the event of any defect.
All paid services new or recurring are prepaid. Your initial use of the Service authorizes MabuhayVoice to charge the credit card account number on file with MabuhayVoice, including any changed information given MabuhayVoice if the card expires or is replaced, or if you substitute a different card, for MabuhayVoice recurring charges. This authorization will remain valid until 30 days after receives your written notice terminating MabuhayVoice's authority to charge your credit card.
Late/Non-payment MabuhayVoice may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with MabuhayVoice is declined or reversed, your credit card expires and you have not provided MabuhayVoice with a valid replacement credit card or in case of any other non-payment of account charges.
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