Terms of service

Digitvoip Terms of Service

Last Updated: March 1 , 2025

This Terms of Service Policy (the "Agreement") applies to all persons and entities (collectively, “Customers,” "You," or "Your") using the products and services marketed under the brand name Digitvoip (the "Service"). The Service is provided by Digitronics, a Florida LLC (hereinafter referred to as "Digitronics," "We," "Us," or "Our"), doing business as Digitvoip. Digitronics is a company based in Miami, Florida. This Agreement is designed to protect the security, integrity, reliability, and privacy of the network and the products and services Digitronics offers to its Customers under the Digitvoip brand.

Digitronics reserves the right to modify this Agreement at any time, effective immediately upon posting of the modification on the Digitvoip website (www.digitvoip.com) or through direct communication to You. Your continued use of the Service after such modification constitutes Your acceptance of the modified Agreement. You are solely responsible for any and all acts and omissions that occur during or relating to Your use of the Service, and You agree not to engage in any unacceptable use of the Service.

Important Note Regarding Resold Services:

You acknowledge and agree that Digitronics provides the Service, in whole or in part, by reselling or utilizing services, networks, and infrastructure obtained from one or more third-party wholesale providers, underlying carriers, or other service partners (collectively, "Upstream Providers"). Your use of the Service is therefore also subject to the operational realities, limitations, and terms implicitly or explicitly imposed by these Upstream Providers to the extent they affect the Service We deliver to You.

1. Definitions

• "Service": Shall mean all VoIP calling services, internet connectivity, equipment, software, and any other related products or services provided or resold by Digitronics under the brand name Digitvoip to the Customer, which may rely on Upstream Providers.

• "Customer" / "You" / "Your": Shall mean the individual, entity, or organization subscribing to or using the Service.

• "Equipment": Shall mean any device, hardware, or software provided by Digitronics for use with the Service, including but not limited to VoIP phones, Analog Telephone Adapters (ATAs), or routers.

• "Registered Address": Shall mean the verifiable physical street address provided by the Customer to Digitronics where the Service will be primarily used and which is registered for E911 purposes.

• "Website": Shall mean the Digitvoip branded website, currently www.digitvoip.com.

• "Upstream Provider(s)": Shall mean the third-party wholesale providers, underlying telecommunications carriers, network operators, or other service partners from whom Digitronics obtains services or network capacity to deliver the Service to You.

• "Digitvoip": Refers to the brand name under which the Service is marketed by Digitronics.

• "Digitronics" / "We" / "Us" / "Our": Refers to Digitronics, a Florida LLC, the legal entity providing the Service.

2. Payment Terms, Fees, and Billing

• 2.1. Charges and Fees: Customer agrees to pay all charges associated with the Service, as set forth in the current price list available on the Digitvoip Website, or as otherwise agreed in a separate written agreement with Digitronics. Charges may include, but are not limited to, monthly recurring fees, usage-based fees (e.g., per-minute charges for international calls), equipment rental or purchase fees, activation fees, and applicable taxes and regulatory surcharges as detailed in Section 2.6.

• 2.2. Billing Cycle: Services are billed in advance on a monthly basis. Your billing cycle will begin on your Service Activation Date.

• 2.3. Payment Due Date: All charges are due by the date specified on Your invoice issued by Digitronics.

• 2.4. Late Payments: Payments not received by the due date may incur a late fee of 2% per month or the maximum rate permitted by law, whichever is less, on the outstanding balance. Digitronics may also suspend or terminate Your Service for non-payment.

• 2.5. Disputes: If You dispute any charges on Your bill, You must notify Digitronics in writing within thirty (30) days of the invoice date. Undisputed portions of the bill must be paid by the due date.

• 2.6. Taxes, Surcharges, and Fees: You are responsible for, and agree to pay, all applicable federal, state, local, and international taxes, duties, fees, surcharges, and other governmental charges (collectively, "Taxes and Fees") imposed on or in connection with the Service or Equipment provided to You. These Taxes and Fees are in addition to the stated rates for the Service and Equipment and may change from time to time without notice. Digitronics will collect applicable Taxes and Fees and remit them to the appropriate authorities.

  • The types of Taxes and Fees you may see on your bill can include, but are not limited to: State and Local Sales Taxes, Communications Services Taxes (which may encompass various state and local components), Gross Receipts Taxes, E911 Fees, Universal Service Fund (USF) contributions (federal and/or state), Telecommunications Relay Service (TRS) fees, and other regulatory or administrative charges. The applicability and rates of these Taxes and Fees vary depending on your service location, the types of services you receive, and current laws and regulations.

  • For more detailed information, illustrative examples, and explanations of these Taxes and Fees, please visit our "Taxes on Bills" page at www.digitvoip.com/taxes-on-bills.

3. Term and Termination

• 3.1. Term: This Agreement shall commence on the Service Activation Date and shall continue on a month-to-month basis unless terminated by either party as provided herein, or unless a specific term is agreed upon in a separate written agreement.

• 3.2. Termination by Customer: You may terminate this Agreement and the Service by providing Digitronics with at least thirty (30) days written notice. Early termination fees may apply if You are under a fixed-term contract.

• 3.3. Termination or Suspension by Digitronics: Digitronics may suspend or terminate this Agreement and Your Service immediately and without prior notice if: (a) Customer breaches any material term of this Agreement, including but not limited to the Prohibited Uses outlined in Section 5; (b) Customer fails to pay any outstanding charges by the due date; (c) Customer provides false or misleading information; (d) Digitronics believes Customer's use of the Service is fraudulent, illegal, or harmful to Digitronics's network, other users, or Upstream Providers; (e) an Upstream Provider ceases to provide services to Digitronics, or requires Digitronics to suspend or terminate services to You for any reason. Digitronics will endeavor to provide notice in such cases where feasible.

• 3.4. Effect of Termination: Upon termination, You remain responsible for all accrued charges. Digitronics shall not be liable for any damages resulting from termination of Service. Any Equipment owned by Digitronics must be returned in good working condition within fourteen (14) days of termination, or applicable charges for non-returned Equipment will apply.

4. Privacy Policy

Your use of the Service is also governed by the Digitvoip Privacy Policy, which is incorporated herein by reference and can be found at www.digitvoip.com/privacy-policy. This Privacy Policy details how We (and our Upstream Providers, where applicable) collect, use, and share your information. By using the Service, You consent to the data practices described in the Privacy Policy.

5. What Uses are Prohibited?

Unacceptable use includes, but is not limited to, any of the following, and You agree not to engage in, nor allow third parties to engage in, such uses:

• Posting, transmission, re-transmission, or storing material on or through any products or services of Digitronics (provided under the Digitvoip brand), if in the sole judgment of Digitronics such posting, transmission, re-transmission or storage is: (a) in violation of any local, state, federal, or non-United States law or regulation (including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations); (b) threatening or abusive; (c) obscene; (d) indecent; or (e) defamatory. Each customer shall be responsible for determining what laws or regulations are applicable to his or her use of the products and services.

• Installation or distribution of “pirated” or other software products that are not appropriately licensed for use by customer.

• Deceptive marketing practices.

• Actions that restrict or inhibit anyone – whether a customer of the Digitvoip service or otherwise – in his or her use or enjoyment of products and services of Digitronics (provided under the Digitvoip brand), or that generate excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or business use of Internet services or VoIP services (e.g., continuous, repetitive, or excessive calling).

• Introduction of malicious programs into the network or servers used by Digitronics for the Digitvoip service, or other products and services of Digitronics (provided under the Digitvoip brand) (e.g., viruses, trojan horses and worms).

• Causing or attempting to cause security breaches or disruptions of Internet or voice communications. Examples of security breaches include but are not limited to accessing data of which the customer is not an intended recipient, or logging into a server or account that the customer is not expressly authorized to access. Examples of disruptions include but are not limited to port scans, flood pings, packet spoofing, forged routing information, or any activity that could overwhelm or disrupt the Service or network.

• Executing any form of network monitoring that will intercept data not intended for the customer.

• Circumventing user authentication or security of any host, network, account, or the Service itself.

• Interfering with or denying service to any user other than the customer’s host (e.g., denial of service attack, Smurf attack) or any part of the network used by Digitronics for the Digitvoip service.

• Using any program/script/command, or sending messages of any kind (including excessive or very large voice or data transmissions), designed to interfere with, or to disable a user’s terminal session or service.

• Failing to comply with Digitronics’s procedures relating to the activities of customers on facilities owned or operated by Digitronics or used for the Digitvoip service.

• Furnishing false or incorrect data on the order form contract (electronic or paper), including fraudulent use of credit card numbers, or attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization, call duration, or other methods to document “use” of products or services of Digitronics (provided under the Digitvoip brand).

• Sending, initiating, or facilitating unsolicited bulk communications, including but not limited to "junk mail," "spam," unsolicited commercial emails (UCE), unsolicited bulk faxes, "robocalls," "ringless voicemails," or Spam over IP Telephony (SPIT) to individuals who did not specifically request such material, who were not previous customers of the customer or with whom the customer does not have an existing business relationship, in violation of applicable laws (such as CAN-SPAM Act or the Telephone Consumer Protection Act - TCPA).

• Distributing, advertising, or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial communications.

• Harassment, whether through language, frequency, or size of messages, calls, or other communications.

• Unauthorized use or forging of mail header information, caller ID information, or any other identifying information.

• Solicitations of communications or any other contact information other than that of the poster’s account or service, with the intent to harass, collect replies for nefarious purposes, or engage in phishing.

• Creating or forwarding “chain letters” or other “pyramid schemes” of any type.

• Use of unsolicited communications originating from within the network used by Digitronics for the Digitvoip service or networks of other Service Providers on behalf of or to advertise any service hosted by Digitronics (under the Digitvoip brand) or connected via the network used for the Digitvoip service.

• Exporting, re-exporting, or permitting downloads of any content in violation of the export or import laws of the United States or without all required approvals, licenses, and exemptions.

• Engaging in any activity that adversely affects the ability of other people or systems to use the Digitvoip service (provided by Digitronics) or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user.

• Traffic pumping or access stimulation, or any other practice that artificially inflates call volumes or termination costs.

• Operating an auto-dialer or predictive dialer in a manner that violates applicable laws or regulations, or that results in an excessive number of failed, unanswered, or short-duration calls.

• Attempting to exploit any feature of the Service for an unintended purpose or in a manner that circumvents normal operational or billing procedures.

• Using the Service for any purpose that is illegal, fraudulent, or infringes upon the rights of any third party.

• Any use that violates the acceptable use policies of our Upstream Providers, to the extent such policies are made known to You or are generally applicable to the type of service being used.

• Any use that interferes with or compromises the integrity or security of the networks of Digitronics or its Upstream Providers.

No failure or delay in exercising or enforcing this policy shall constitute a waiver of the policy or of any other right or remedy. If any provision of this policy is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the policy shall remain in effect.

6. Abusable Resources

Upon notification of the existence of an abusable resource, the Customer shall immediately take all necessary steps to avoid any further abuse of such resource. Any abuse of an open resource that occurs after the Customer has received such notification shall be considered a violation of this Agreement and enforced as such by Digitronics.

7. Enforcement

Digitronics may immediately suspend and/or terminate the Customer’s Service for violation of any provision of this Agreement upon verbal or written notice. Prior to suspension or termination, Digitronics may attempt to work with our Customers to cure violations; however, Digitronics reserves the right to suspend or terminate based on a first offense, particularly for severe violations or those impacting Upstream Providers.

8. Electronic Communications Privacy Act Notice

Digitronics makes no guarantee of confidentiality or privacy of any information transmitted through or stored upon Digitronics or Upstream Provider technology, beyond what is outlined in our Privacy Policy and as required by applicable law. Digitronics or its Upstream Providers may periodically monitor transmissions over relevant networks for maintenance, service quality assurance, to prevent fraud or abuse, or for any other purpose permitted by law.

9. Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND DIGITRONICS, THE SERVICES AND ANY EQUIPMENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

DIGITRONICS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT THE SERVICE RELIES ON THE NETWORKS AND SERVICES OF UPSTREAM PROVIDERS AND OTHER THIRD PARTIES, AND DIGITRONICS MAKES NO WARRANTIES AND ACCEPTS NO LIABILITY FOR THE PERFORMANCE, RELIABILITY, OR SECURITY OF SUCH THIRD-PARTY NETWORKS OR SERVICES. DIGITRONICS DOES NOT WARRANT THAT ANY SERVICE DESCRIPTIONS, SERVICE LEVEL AGREEMENTS (SLAS) PASSED THROUGH FROM UPSTREAM PROVIDERS, OR OTHER INFORMATION PROVIDED IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. ANY SLAS ARE BETWEEN YOU AND THE UPSTREAM PROVIDER IF OFFERED, AND DIGITRONICS'S ROLE IS MERELY FACILITATIVE UNLESS EXPLICITLY STATED OTHERWISE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIGITRONICS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE OR EQUIPMENT, EVEN IF DIGITRONICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, INCLUDING BUT NOT LIMITED TO CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

DIGITRONICS SHALL NOT BE LIABLE FOR ANY FAILURES, INTERRUPTIONS, DELAYS, ERRORS, OR OMISSIONS IN THE SERVICE CAUSED BY: (A) ACTS OR OMISSIONS OF UPSTREAM PROVIDERS OR OTHER THIRD PARTIES; (B) YOUR ACTS OR OMISSIONS, OR YOUR EQUIPMENT OR FACILITIES; (C) FORCE MAJEURE EVENTS AS DESCRIBED IN SECTION 14.6; OR (D) ANY OTHER CAUSES BEYOND DIGITRONICS’S REASONABLE DIRECT CONTROL.

DIGITRONICS'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO DIGITRONICS FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE.

11. Indemnification

You agree to indemnify, defend, and hold harmless Digitronics, its officers, directors, employees, agents, affiliates, suppliers, and Upstream Providers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Your use of or inability to use the Service or Equipment; (b) Your violation of this Agreement or any applicable law or regulation; (c) Your violation of any rights of a third party; (d) any content or data You transmit or receive using the Service; or (e) any activity related to Your account.

12. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Miami, Florida before one arbitrator. The arbitration shall be administered by the American Arbitration Association (AAA) pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. YOU AND DIGITRONICS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13. E911 Service Limitations

• 13.1. Acknowledgement: VoIP E911 service has certain limitations compared to traditional 911 service. You acknowledge that You have read and understood these limitations. The functionality and reliability of E911 Service depend on factors including, but not limited to, Your equipment, Your internet connection, the accuracy of Your Registered Address, and the networks and systems of Upstream Providers.

• 13.2. Registered Address: E911 service will only function correctly if You have provided an accurate and current Registered Address to Digitronics. You are responsible for updating Your Registered Address with Digitronics if You move Your Equipment.

• 13.3. Power Outages/Internet Disruption: E911 service will not function during a power outage or if Your internet connection is disrupted. It is recommended to have an alternative means of contacting emergency services.

• 13.4. Other Limitations: Other factors, such as network congestion, suspension or termination of Your Service (by Digitronics or an Upstream Provider), or issues with third-party emergency call centers or the networks of Upstream Providers, may prevent or delay E911 calls.

• 13.5. Liability: Digitronics's liability with respect to E911 service is limited as described in Section 10 (Limitation of Liability).

14. General Provisions

• 14.1. Entire Agreement: This Agreement, including any documents incorporated by reference (such as the Privacy Policy and any applicable Service Level Agreement passed through from Upstream Providers), constitutes the entire agreement between You and Digitronics and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

• 14.2. Severability: If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

• 14.3. No Waiver: The failure of Digitronics to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

• 14.4. Assignment: You may not assign this Agreement or Your rights and obligations hereunder without the prior written consent of Digitronics. Digitronics may assign this Agreement or any of its rights and obligations hereunder without Your consent.

• 14.5. Notices: Any notices or other communications permitted or required hereunder, including those regarding modifications to this Agreement, will be in writing and given by Digitronics (a) via email (to the address that You provide) or (b) by posting to the Digitvoip Website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

• 14.6. Force Majeure: Digitronics shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials, or failures of Upstream Providers not caused by Digitronics's breach of its agreement with such Upstream Provider.

Questions?

If you are unsure of whether any contemplated use or action is permitted, or if you have any questions about this Agreement, please contact Digitronics (d/b/a Digitvoip) at info@digitvoip.com or through our customer support channels listed on the Digitvoip Website.

Thank you for choosing Digitvoip.