Terms and Conditions

1. Subscription Service

Any Connect Services ordered through Continuant will be licensed to Customer on a subscription basis with a monthly fee determined in accordance with this SOW and Rate Card.

2. Connect Service Exclusions

No 0+ or Operator Assisted Calling; May Not Support x11 Calling. The Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls or calling card calls). The Service may not support 311, 511 and/or other x11 (other than certain specified dialing such as 911 and 411, which are provided for elsewhere in this Agreement) services in one or more (or all) service areas.

The Connect Service is not a telecommunications service and we provide it on a best effort basis. Important distinctions exist between telecommunications service and the Connect Service offering that we provide. The Service is subject to different regulatory treatment than telecommunications service. This treatment may limit or otherwise affect Customer rights of redress before regulatory agencies.

3. Term

Connect Service and Coverage is offered on a monthly or multi-month basis as is determined in this SOW. The term begins on the date that Continuant activates Customer Connect Service and ends on the day before the anniversary date of Customer Term. Subsequent terms of this Agreement automatically renew on a monthly basis unless Customer give us written notice of non-renewal at least thirty (30) days before the end of the monthly term in which the notice is given. Customer is purchasing the Service for full monthly terms, meaning that if Customer attempts to terminate Service prior to the end of a monthly term, Customer will be responsible for the full month’s charges to the end of the then-current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will immediately become due and payable. Customer will also be responsible for the next full month’s charges in the event that Customer does not provide the requisite thirty-days’ notice of termination prior to the expiration of the then-current term. Expiration of the term or termination of Service will not excuse Customer from paying all accrued and unpaid charges due under this Agreement.

4. Number Transfer on Service Termination

Upon the termination of Customer Service, we may, in our sole and absolute discretion, release to Customer new service provider the telephone number that Customer ported (transferred or moved over) to us from Customer previous service provider and used in connection with Customer Service if:

• Such new service provider is able to accept such number;
• Customer account has been properly terminated;
• Customer account is completely current, including payment for all charges and applicable termination fees; and
• Customer requests the transfer upon terminating Customer account.

4.1 Connect Services Termination Fee

Continuant requires all phone numbers to remain on our network for at least 1 month before they can be ported out. Customer may be charged a termination fee of $19.99 per standard phone number and at our sole and absolute discretion, up to $500.00 per vanity number if Customer service is terminated for any reason during the Term following the activation of Customer Service.

5. Acknowledgements 

Regulated communications services in the applicable Home Territory provided by Nuwave Communications, Inc. (or its affiliate entity) (“Nuwave Communications”), , in partnership with Continuant. The undersigned acknowledges that they have read, accepted, and agreed to the terms of service at https://nuwave.com/policies/#Legal , and understands that all billing will begin upon license/service activation. Continuant shall pass through any additional service fees, billed to Nuwave Communications, or any additional service fees or pass through fees or surcharges billed to or assessed against Nuwave Communications  by any third party service provider or governmental agency as a result of the services provided to Customer hereunder, including, but not limited to, any costs or fees attributable to any USF fees or charges to the Customer. Customer shall be the sole and responsible Party for such pass-through fees and surcharges if and as applicable. Any additional fees not disclosed to Customer upon the date of signature, other than fees assessed by a governmental agency relating directly to Services provided to a Customer, must be approved by Customer. Approval will not be unreasonably withheld.

6. Carrier of Record

Nuwave Communications, Inc. (either directly or through its affiliate entity)shall be the Carrier of Record for Voice Calling Services provided to Customer in the applicable Home Territory. As the Carrier of Record Nuwave Communications shall be responsible for providing the Voice Calling Plan Services. and has assigned the billing and collection services to Continuant. Continuant shall provide the sourcing and managing service for the Customer for Voice Calling Plan Services which includes: service order arrangement, service provisioning management, trouble reporting referral, dispute resolution, billing, collection and settlement. The application of municipal, State, Federal taxes, surcharges and regulatory assessments for the Voice Calling Plan Services shall be included on the Customer invoices, and the Carrier of Record shall be responsible for the corresponding reporting and remittance of such charges applied to Customer(s) invoices to the proper State and Federal governing bodies. 

7. Emergency Calling Services

7.1. Access to Emergency Calling Services 

The Services provide access to emergency calling services in specific countries, allowing most Voice Service Customers to access Emergency Services (911 in the United States and Canada, 999/112 in the United Kingdom and throughout the European Union, 999/995/993 in Singapore, and any other applicable Emergency Services number). Customer’s access may differ depending on the Customer’s location or the device(s) the Customer is using, and it works differently than Customer may have experienced using traditional wireline or wireless telephones.

7.2. Emergency Service Availability Limitations

Customer acknowledges that the Emergency Services may not be available in the event of a power failure, fraudulent use, non-payment of Services, failure of Customer’s equipment, service outage, or network or Internet congestion or outage, and Customer accepts the responsibility of ensuring that it has alternate means to make emergency calls.

7.3. Emergency Services Acknowledgement

Customer expressly acknowledge that Customer is aware and understand the limitations of the Emergency Services calls using the Services(s) as set forth in this Agreement and agrees to the terms as set forth in the attached Emergency Services Policy at https://nuwave.com/policies/.

7.4. Notification of End Users or Other Users.

Customer agrees to take appropriate action to ensure all End Users and other potential users of the Services have a clear understanding of the limitations of the emergency services calls.