Last Updated Date: March 26, 2018
These Terms of Service govern Your use of magicJack Concierge services, which are described in further detail below. The following points are particularly important:
- Your Subscription begins on the Effective Date and shall continue as set forth in these Terms of Service until terminated by You or Us.
- You may cancel Your magicJack Concierge Subscription at any time subject to the terms below.
- You will be charged each year for the cost of Your magicJack Concierge Subscription. Applicable taxes, regulatory surcharges, and assessments, if any, may be added to Your yearly charges.
- Cancellation will cease any renewal of Your magicJack Concierge Subscription, but Fees are non-refundable except where required by law.
- The cost of your magicJack Concierge Subscription is disclosed prior to purchase.
- Billing and collection for Your magicJack Concierge Subscription will occur through Your magicJack account as set forth in Our Subscriber Agreement available here: www.magicjack.com/action/saps.
- Eligible Equipment Table:
|magicJack Plus 2014|
You must read and agree to these Terms and Conditions before subscribing for magicJack Concierge services. These Terms and Conditions constitute a legal agreement between You and Us. The magicJack Subscriber Agreement at
You activated Your Account, also apply to your magicJack Concierge services and are incorporated by reference as part of these Terms and Conditions.
BY CHECKING THE BOX NEXT TO “I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS” DURING REGISTRATION FOR YOUR MAGICJACK CONCIERGE SUBSCRIPTION, YOU INDICATE YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF
THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE SUBSCRIPTION AUTO-RENEWAL PROVISIONS IN SECTION 3.b. BELOW, OUR SUBSCRIBER AGREEMENT AT www.magicjack.com/action/saps,
IF YOU DO NOT ACCEPT AND ABIDE BY THIS AGREEMENT, YOU MAY NOT USE THE MAGICJACK CONCIERGE SERVICES. FURTHER, YOU MAY NOT USE THE MAGICJACK CONCIERGE SERVICES AND MAY NOT ACCEPT THESE TERMS OF SERVICE IF (A) YOU ARE NOT OF LEGAL
AGE TO FORM A BINDING CONTRACT WITH ANY OF THE ENTITIES MENTIONED IN THIS AGREEMENT, OR (B) YOU ARE A PERSON BARRED FROM USING YOUR DEVICE AND/OR SERVICES UNDER THE LAWS OF THE UNITED STATES, THE COUNTRY IN WHICH YOU ARE RESIDENT
OR THE COUNTRY IN WHICH YOU ARE USING YOUR DEVICE(S) AND/OR THE SERVICES.
Definitions. For purposes of Your magicJack Concierge Subscription, the following terms shall be defined as follows:
“Account” means Your magicJack account through which You registered to use Your Device and/or Our Services. Your Account is accessible through logging in with Your phone number and password at
“Device” as defined in the Subscriber Agreement.
“Effective Date” is the date of purchase of Your magicJack Concierge Subscription.
“Eligible Equipment and Services” means a magicJack Device listed in the Eligible Equipment Table on Page 1 of these Terms and Conditions registered with the phone number used to log-in to Your Account.
Each Subscription will be registered for a single Device with a registered phone number and Account. If You have multiple Devices, each Device will require a separate Subscription. Subscriptions are only
transferable to a Replacement Device issued by Us to You. Subscriptions are not transferable to any other Device.
“Plan” means the services provided to You under Your magicJack Concierge Subscription as set forth in these Terms of Service.
“Premium Support” means premium technical support for Your use of Your Device and Our Services provided through a dedicated premium support phone number.
A “Replacement” occurs when you purchase a Device to replace Your Eligible Equipment and We ship You Your Replacement Device.
“Replacement Device” means a Device purchased by You to replace Your Eligible Equipment.
“Services” as defined in the Subscriber Agreement.
“Subscriber Agreement” means Your Subscriber Agreement governing Your use of Your Device and Our Services at www.magicjack.com/saps.
“Subscription” means your subscription for magicJack Concierge services as described in these Terms and Conditions.
“Terms of Service“ means these magicJack Concierge Terms of Service.
“We”, “Us”, “Our”, and “magicJack” means magicJack, LP.
“You” and “Your” means the person who purchased this Subscription.
- Registration. You will be required to activate Your Subscription through Your Account to become a “Registered User”.
Your Subscription Term.
Your initial Subscription term begins on the Effective Date and will terminate on the next annual anniversary of the first day of Your Device Service term (Your “Service Start Date”),
which could result in Your initial Subscription term being less than one year. Thereafter, your Subscription term will renew on each subsequent anniversary of your Service Start Date. Following the initial Subscription term,
Your Subscription will continue on a year-to-year basis with recurring payments and You agree to pay the then current applicable annual fee for Your Subscription. You will be billed for Your Subscription through Your credit
card provided to Us to pay for Your Services. The Subscription fee will be billed upon each renewal of Your Subscription as described in this Section 3.a. unless and until You cancel Your Subscription and/or Services or
We terminate, cancel, suspend or disable Your Subscription.
AUTOMATIC RENEWAL. WHEN YOU ACTIVATE YOUR SUBSCRIPTION, YOU WILL BE NOTIFIED THAT YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED. AT THE END OF YOUR INITIAL TERM OR ANY RENEWAL TERM AS DESCRIBED IN
SECTION 3.a., YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL TERM OF ONE OR THREE YEAR(S) UNLESS YOU CHOOSE TO TURN OFF AUTOMATIC RENEWAL OR CANCEL YOUR SUBSCRIPTION AT LEAST ONE CALENDAR DAY BEFORE YOUR
SUBSCRIPTION IS RENEWED (YOUR “RENEWAL DATE”). IF YOU DO NOT TURN OFF AUTOMATIC RENEWAL OR CANCEL YOUR SUBSCRIPTION BY YOUR RENEWAL DATE, YOUR ACCOUNT WILL AUTOMATICALLY BE CHARGED
THE APPLICABLE FEES FOR AN ADDITIONAL TERM AT THE RATES IN EFFECT AT THE TIME OF RENEWAL. YOU MUST AFFIRMATIVELY TURN OFF AUTOMATIC RENEWAL OR CANCEL YOUR SUBSCRIPTION ON OR BEFORE YOUR RENEWAL DATE TO AVOID BEING CHARGED. YOU
CAN ELECT TO DISABLE THE AUTO RENEWAL FEATURE AT ANY TIME IN YOUR ACCOUNT SETTINGS AT www.magicjack.com/myaccount OR BY CONTACTING PREMIUM SUPPORT AS SET FORTH IN SECTION 7.a..
YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME IN YOUR ACCOUNT SETTINGS AT www.magicjack.com/myaccount OR BY CONTACTING PREMIUM SUPPORT AS SET FORTH IN SECTION 7.A. IF YOU
HAVE PROVIDED MAGICJACK WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD SAVED IN YOUR ACCOUNT, AND YOU HAVE NOT TURNED OFF AUTOMATIC RENEWAL OR CANCELLED YOUR SUBSCRIPTION BY YOUR RENEWAL DATE, YOUR SUBSCRIPTION
RENEWAL WILL BE AUTOMATICALLY PROCESSED SHORTLY AFTER YOUR RENEWAL DATE, AND THE APPLICABLE FEES WILL BE CHARGED TO THE CARD OR APPLICABLE PAYMENT METHOD YOU PROVIDED TO MAGICJACK AT THE TIME OF PURCHASE. IF YOU HAVE ELECTED TO
TURN-OFF AUTOMATIC RENEWAL FOR THOSE SERVICES WITH TERMS LONGER THAN MONTH-TO-MONTH, YOUR SERVICES MAY BE RENEWED IN YOUR ACCOUNT SETTINGS AT www.magicjack.com/myaccount OR BY
CONTACTING PREMIUM SUPPORT AS SET FORTH IN SECTION 7.A. BELOW. NOTWITHSTANDING THE FOREGOING, IF YOUR SERVICES ARE TERMINATED FOR ANY REASON, INCLUDING NON-RENEWAL, YOUR SUBSCRIPTION WILL TERMIMATE ON THE SERVICE TERMINATION
Cancellation; Suspension. Your Subscription may be cancelled by You for any reason at any time by selecting the cancel Subscription option within Your Account settings, by contacting Premium Support as set forth in Section
7.a. below, or by contacting Us in writing at P.O. Box 6785 West Palm Beach, FL 33405 Attention: magicJack Concierge Cancellations. Upon cancellation, Your Subscription will be terminated at the end of the year in which it was
terminated. Your Subscription will continue unless and until You cancel Your Subscription or We cancel or suspend it. You may cancel Your Subscription any time before Your renewal and avoid billing of the next period’s Annual Fee to
Your chosen payment method. If You choose to cancel Your Subscription, You may use the benefits of Your Subscription until the end of the current period but will not be issued a refund for the most recently (or any previously)
charged Annual Fee. We may cancel Your Subscription by written notice to You at any time prior to expiration of Your then current Subscription term. We may also cancel or suspend Your Subscription if We reasonably determine that
You are using Your Subscription, Your Device or Our Services in violation of law or in a fraudulent manner.
Agreement to Receive Electronic Communications. By enrolling for Our magicJack Concierge service, You consent to receive notifications from Us electronically to the email address You provide to us. You agree that all notices,
disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing or by mail. You agree that You have the ability to store such electronic communications
such that they remain accessible to You in an unchanged form.
Payment. Payments for Your Subscription will be processed through your Account in the same manner as payments you make for Our Services as provided in the Subscriber Agreement
magicJack Concierge Benefits.
Premium Support. Your Subscription includes Premium Support. magicJack Premium Support may include, but is not limited to, priority handling of calls and claims, and advice on the operating Your Eligible Equipment and
Services. You will only have access to Premium Support during Your Subscription. To ensure the maximum benefits to Our Premium Support subscribers, Our Premium Support phone numbers will change from time-to-time. To obtain the
current Premium Support phone number for Your Eligible Equipment and Services, go to www.magicjack.com/myaccount, choose magicJack Concierge and follow the instructions.
Replacement Discounts. In addition to Premium Support, you will receive exclusive access to discounted Replacement Device(s).
Excessive Use; What is not Included in the Subscription and What are the Limitations? If We become aware of unreasonably excessive use, including but not limited to, Your use of Premium Support in a manner that is
extraordinarily greater than the average magicJack Concierge customer, or if You contact Us for greater than four (4) separate issues in any month or more than eight (8) contacts in any month, or intentional misuse, We reserve the
right, in Our sole discretion, to terminate Your use of the magicJack Concierge service, and You will not be entitled to a refund of any subscription fee You may have paid to Us.
Your Subscription does not cover:
- Any magicJack equipment not listed in the Eligible Equipment Table on Page 1 of these Terms of Service; or
- Any third-party accessories or equipment not manufactured by Us.
Warranties, Representations, and Agreements. By subscribing for magicJack Concierge services, You confirm the following:
- You are of at least eighteen (18) years of age.
- You represent and agree that You own the Device to be covered by Your Subscription.
Service supersede and replace any and all prior oral or written understandings or agreements between Us and You regarding Your Subscription. In the event of any conflict between these Terms of Service, the Subscriber Agreement or
Assignment. Except as otherwise stated herein, You may not assign or transfer Your Subscription or these Terms of Service, by operation of law or otherwise, without Our prior written consent. Any attempt by You to assign or
transfer Your Subscription or these Terms of Service, without such consent, will be null and of no effect. We may assign or transfer Your Subscription and these Terms of Service, in Our sole discretion, without restriction. Subject
to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
General. Our failure to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only
if in writing and signed by a duly authorized representative of magicJack. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without
prejudice to its, his or her other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will
be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.
Warranty; Insurance. Your Subscription is not a warranty, contract of insurance or service contract.
Limitation of Liability. SUBJECT TO THE PROVISIONS OF SECTION 17 BELOW, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY SHALL BE LIMITED TO THE CHARGES ACTUALLY PAID BY YOU FOR YOUR SUBSCRIPTION. THIS IS YOUR
SOLE REMEDY FOR ANY ERRORS, OMISSIONS OR OUR FAILURE TO PERFORM. ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF YOUR SUBSCRIPTION TERM. WE DISCLAIM ALL OTHER EXPRESSED OR
IMPLIED WARRANTIES OR CONDITIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO OUR OBLIGATIONS UNDER THESE TERMS OF
SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND INCLUDING BUT NOT LIMITED TO COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF
DATA, OR ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS.
FOR CONSUMERS IN JURISDICTIONS WHO HAVE THE BENEFIT OF CONSUMER PROTECTION LAWS OR REGULATIONS, THE BENEFITS CONFERRED BY THIS PROGRAM ARE IN ADDITION TO ALL RIGHTS AND REMEDIES PROVIDED UNDER SUCH LAWS AND REGULATIONS. SOME STATES
OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Disputes. Subject to the provisions of Section 17 below, You and magicJack agree that any dispute that has arisen or may arise between You and Us relating in any way to Your Subscription, any breach, enforcement, or
termination of these Terms of Service, or otherwise relating to Your Subscription in any way (collectively, “Covered Matters”) will be resolved in accordance with the provisions set forth in this Section 15. This Section
15 shall survive termination of this Agreement.
Informal Resolution. If You have any dispute with us, You agree that before taking any formal action, You will contact Us at email@example.com, or by mail at P.O. Box 6785 West Palm Beach, FL 33405, attention: Legal, and
provide a brief, written description of the dispute and Your contact information (including Your username or phone number, if Your dispute relates to an Account) and allow sixty (60) days to pass, during which We will attempt to
reach an amicable resolution of any issue.
Applicable Law. United States federal law, and (to the extent not inconsistent with or pre-empted by federal law) the laws of the State of Florida, without regard to conflict of laws principles, will govern all Covered
Arbitration. This Agreement and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration
rules and arbitration proceedings. Any Covered Matter must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Terms
and the AAA Supplementary Procedures for Consumer-Related Disputes (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). The arbitrator
shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any
dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including, without limitation, any claim that all or any part of this Agreement is void or voidable or a particular claim is
subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Award. For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of
all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator’s award of damages must be consistent with the terms of the
“Limitation of Liability” section herein (Section 14) as to the types and the amounts of damages for which a party may be held liable. The arbitrator shall not be bound by rulings in prior arbitrations involving other
magicJack customers but is bound by rulings in prior arbitrations involving You to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may
be entered in any court having jurisdiction thereof. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO
PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Exceptions. There are only two exceptions to this agreement to arbitrate:
First, if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek
injunctive or other appropriate interim relief in any court of competent jurisdiction.
Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in Palm Beach, Florida, if the claim and the parties are within the jurisdiction of the small claims court, and so
long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $5,000 or
less, at Your request, the Company will reimburse You for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement. In the event the
arbitrator determines the claim(s) You assert in the arbitration to be frivolous or without merit, the Company is relieved of its obligation to reimburse You for any fees associated with the arbitration.
Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in these Terms of Service to the contrary, You and We agree that if We make any amendment to this agreement to arbitrate in the future, that
amendment shall not apply to any claim that was filed in a legal proceeding against Us prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate
that have arisen or may arise between You and Us. If You do not agree to these amended terms, You may terminate Your Subscription within thirty (30) days of the posting or notification and You will not be bound by the amended
Judicial Forum for Legal Disputes. Unless You and We agree otherwise, in the event that the agreement to arbitrate above is found not to apply to You or to a particular claim or dispute, either as a result of Your decision
to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order, or because You have chosen to file an eligible lawsuit in small claims court, You agree that any claim or dispute that has
arisen or may arise between You and the Company must be resolved exclusively by a state, federal, or small claims court located in Palm Beach, Florida. You and the Company agree to submit to the exclusive personal jurisdiction of
the courts located within Palm Beach, Florida for the purpose of litigating all such claims or disputes.
Opt-Out. IF YOU ARE A NEW USER OF OUR MAGICJACK CONCIERGE SERVICES, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO
firstname.lastname@example.org (“OPT-OUT NOTICE”) OR VIA US MAIL TO P.O. Box 6785 West Palm Beach, FL 33405, attention: Legal. THE OPT-OUT NOTICE MUST BE RECEIVED NO
LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THESE TERMS OF SERVICE FOR THE FIRST TIME. IF YOU ARE NOT A NEW SUBSCRIBER TO YOUR MAGICJACK CONCIERGE SERVICES, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW
TERMS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.
Procedure. In order to opt-out, You must email Your name, address (including street address, city, state, and zip code), and email address(es) associated with Your Account(s) to which the opt-out applies and an unaltered
digital image of a valid driver’s license which matches the name on Your account to: email@example.com. You can also mail the information in the prior sentence via US Mail to: P.O. Box 6785 West Palm Beach, FL 33405,
attention: Legal. This procedure is the only way You can opt out of the agreement to arbitrate. If You opt out of the agreement to arbitrate, all other parts of this Agreement and this Disputes Section 15 will continue to apply
to You. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that You may have with us.
WAIVER. BY AGREEING TO THESE TERMS OF SERVICE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY
GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
STATUTE OF LIMITATIONS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR YOUR SUBSCRIPTION MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH
CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
No Obligation to Purchase Subscription. You acknowledge and agree, and are hereby informed, that purchasing a Subscription is a separate transaction from your purchase of a Device or our Services, or any renewal of Our
Services by You, which are purchased separately under the terms of the Subscriber Agreement and do not require the purchase of a Subscription.
In New Jersey. The following provisions in these Terms of Service do not apply to you and are not intended to vary, diminish or alter your rights under New Jersey law: specifically, nothing in these Terms of Service limit,
vary, diminish, affect, or otherwise void or alter your rights under New Jersey law as they relate to limitations of liability or exculpation (including, but not limited to, limitations on indirect, incidental, special, exemplary,
consequential or similar damages), dispute resolution, indemnification, venue or jurisdiction, statutes of limitation or repose periods for bringing claims, plain language requirements, representations and warranties of any type or
nature (including, but not limited to conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quite enjoyment, and non-infringement), contract remedies, personal injury, tort and
negligence claims, conditions of sale, fee-shifting provisions, waiver of attorney fees and/or osts, and copyright. Your rights regarding these specific provisions will be governed by New Jersey law. In the event of any conflict
between this Agreement and New Jersey law, New Jersey law will govern.