BY ENROLLING IN, ACTIVATING, USING, YOU AGREE TO THE TERMS AND CONDITIONS INCLUDING THOSE PERTINENT TO 911 EMERGENCY DIALING, AND TO THE PRICES, CHARGES, TERMS AND CONDITIONS PROVIDED TO YOU WITH RESPECT TO THE SERVICE DURING THE SERVICE REGISTRATION PROCESS, INCLUDING MARKETING AND INFORMATIONAL MATERIALS ON THE CORDIA Voice Over Internet Protocol (“VoIP”) SERVICE WEB SITE. IF YOU DO NOT AGREE TO ALL OF THE AFOREMENTIONED TERMS AND CONDITIONS, DO NOT USE THE SERVICES, AND CANCEL THE SERVICES IMMEDIATELY BY CALLING CORDIA AT 1-800-873-9950 FOR FURTHER DIRECTIONS.

1. SERVICE DESCRIPTION

Cordia’s 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”.  

2. SERVICE REQUIREMENTS

Cordia’s VoIP Service requires: (a) specialized customer premises equipment called a telephone adapter (“TA” or “Cordia Equipment”) obtained through Cordia that allows connectivity from a regular telephone handset (which you need to supply) to your broadband Internet connection; and (b) a broadband connection with broadband capability of at least 90 Kbps upstream speed that you have a right to use at your own expense. Service may, from time to time, be interrupted for equipment, network, or facility upgrades or modifications.

3. CORDIA VOIP SERVICE 911 EMERGENCY DIALING

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

You acknowledge and understand that the Cordia’s Voice Over Internet Protocol (“VoIP”) service (“Service”) does NOT support traditional 911 or E911 access to emergency services. You acknowledge and understand that such emergency calling service dialing is different in a number of important ways from traditional 911 services, as described herein and that Cordia emergency calling service dialing is available only on Cordia-certified equipment. You agree to inform any household residents, guests and other third persons who may be present at the physical location where you use the Service as to the important differences and limitations of Cordia emergency calling service dialing as compared with traditional 911 or E911 dialing, as set forth in this Agreement. We will provide you with warning labels for placement on and/or near each telephone or other equipment on which the Services may be utilized.

b. Description of Emergency Calling Service

Cordia’s emergency calling service differs from traditional 911 services. When you dial 911, your call is routed to the Public Safety Answering Point (PSAP) or local emergency service personnel using the address that you provided to Cordia when you signed up for our Service or when you updated your account by logging into your account at www.cordiaip.com. Because the PSAP to which you are routed is dependent upon the physical location you provide to Cordia you must notify us if the equipment is moved from that location. You acknowledge and understand that when you dial 911 from your Cordia equipment you will be routed to the general local emergency service provider, and will not necessarily be routed to the traditional 911 dialing. Additionally, some PSAP’s may from time to time refuse to accept calls from VoIP providers such as Cordia. As described herein, this emergency calling service dialing currently is NOT the same as traditional 911 or E911 dialing, and at this time, does not necessarily include all of the capabilities of traditional 911 dialing, therefore Cordia recommends that you have an alternative means of accessing 911 from your home and travel locations, via a traditional telephone line or wireless phone.

c. Service Outage

2) Broadband Service Outage

You acknowledge and understand that Service outages by your broadband provider will prevent, and that network congestion may slow, ALL Service including emergency calling service dialing.

g. Change of Physical Location of Cordia Equipment and Re-Activation

You acknowledge and understand that emergency calling service dialing does not function properly or may not function at all if you take your equipment with you away from the address or physical location that you have designated. If the equipment is moved from the registered location you must contact Cordia Customer Service or log into your account at www.cordiaip.com to update you emergency calling service address.

4. OTHER SERVICE DISTINCTIONS

b. Power Outages

You acknowledge and understand that the Service does not function in the event of power failure, broadband service interruptions.

d. Home Security Systems and other Non-voice Communications Equipment

All non-voice communications equipment, including but not limited to, home security systems that are set up to make automatic phone calls, fax machines, modems and medical monitoring devices, are not compatible with Cordia’s VoIP Service. By accepting this Agreement, you waive any claim against Cordia for interference with or disruption of such systems due to the Services.

e. Local Number Portability

In the event you are not utilizing a new phone number for your Cordia VoIP Service, but rather are transferring an existing phone number, which currently is subscribed to a carrier other than Cordia for local, local toll and/or long distances telecommunications services, to Cordia VoIP Service, the terms and conditions of this paragraph shall apply:

7. CANCELLATION OF SERVICE BY YOU OR CORDIA

You may cancel the Service at any time by calling 1-800-916-9950 and notifying a Cordia customer service representative. If for any reason you cancel Cordia VoIP Service or if Cordia cancels the Service pursuant to the terms of this Agreement, Cordia will provide instructions on how to dispose of the Cordia Equipment. You will receive the Cordia Equipment associated with your Cordia VoIP Service free of charge if you continue subscribing to Cordia’s VoIP service for at least twelve (12) months. During this time, Cordia reserves the right to request that you return the Cordia Equipment to Cordia at Cordia's expense. In such case, if you do not return the Cordia Equipment within sixteen (16) days of the earlier of (i) the date that Cordia requests the return of the Cordia Equipment or (ii) the date of your Service cancellation, you will be charged a disconnect fee. If you elect to terminate the service before the end of the first year, the minimum term of service, you agree to pay $99.95 for the TA equipment. This fee will be charged to your credit card when you place your disconnection of service request with Cordia. If upon cancellation, you return the equipment to Cordia undamaged, in its original packaging and at your own expense we will refund this amount to your credit card.

8. BILLING AND PAYMENT FOR SERVICE

All fees and charges will be billed monthly in advance except for usage-based charges. Usage-based charges and any other charges, which Cordia decides to not advance bill, will be billed monthly in arrears.

Anytime your unbilled usage exceeds $50 we will charge your credit card this amount and send you email notification of the charge. If you subscribe to an Unlimited Residential, Unlimited Business, or Unlimited Toll-Free Calling Plan, your credit card will be charged only when unbilled usage for calls to numbers other than the types specified in your calling plan exceeds $50. If you subscribe to a calling plan that includes Unlimited Europe or Unlimited Asia, your credit card will be charged only when International usage for International calls made to numbers other than the types specified in the Unlimited Europe and Unlimited Asia calling plans exceeds $50. We reserve the right to charge your credit card any time your usage for calls not included in your calling plan exceeds $50.