Hosted VoIP Services Agreement
Last Updated: 12/12/25
These Terms and Conditions (“Agreement”) govern the access to and use of hosted Voice over Internet Protocol (“VoIP”) services, software platforms, applications, APIs, and related services (“Services”) provided by PBX0.com, LLC (“Provider”).
By accessing, ordering, provisioning, or using the Services in any manner, Customer (“Customer,” “you,” or “your”) irrevocably agrees to be bound by this Agreement. Use of the Services constitutes acceptance of these Terms, including any future modifications.
Services are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, express or implied.
Provider does not warrant that the Services will be uninterrupted, error-free, secure, or suitable for any particular purpose. No oral or written advice creates any warranty not expressly stated herein.
Customer acknowledges that VoIP services depend on third-party carriers, internet providers, power sources, data centers, and public networks beyond Provider’s control.
To the fullest extent permitted by law:
Customer agrees to defend, indemnify, and hold harmless Provider and its affiliates from all claims, losses, fines, penalties, damages, and expenses arising from:
Provider reserves the sole and absolute discretion to determine what constitutes abusive, excessive, fraudulent, or improper use.
Prohibited uses include, but are not limited to:
Provider may throttle, suspend, block, or terminate Services immediately and without notice. Such action shall not constitute breach.
Provider is not required to provide prior notice, justification, or opportunity to cure before taking enforcement action.
Customer’s use of the Services is subject to Provider’s Acceptable Use Policy (“AUP”), which is incorporated herein by reference and may be updated from time to time.
Provider may suspend or terminate Services at any time, with or without notice, if Customer:
Termination does not relieve Customer of payment obligations.
Provider is not responsible for Customer equipment, networks, or configurations.
Customer acknowledges that Customer alone is responsible for compliance with all applicable laws and regulations, including FCC requirements.
Emergency calling services may fail due to factors beyond Provider’s control.
Customer accepts all risks associated with VoIP emergency calling and waives all claims arising out of or relating to emergency call failures, except where prohibited by law.
Customer acknowledges that the Services are not intended to replace traditional wireline telephone service and agrees not to rely on the Services as the sole means of emergency communication.
All fees are due as invoiced and are non-refundable, regardless of usage, outages, or termination, unless expressly agreed in writing.
Customer is responsible for all applicable taxes, fees, surcharges, assessments, or governmental charges arising from the Services, excluding taxes based solely on Provider’s net income.
All intellectual property remains the exclusive property of Provider. No rights are granted except limited use during active service.
Each party shall protect the other’s confidential information with commercially reasonable care.
Provider may modify this Agreement at any time. Updated Terms become effective upon posting.
Customer waives any right to receive individual notice and agrees it is Customer’s responsibility to review Terms periodically. Continued use constitutes acceptance.
Failure to review updated Terms does not relieve Customer of its obligation to comply with them.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles.
Any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, or the relationship between the parties (collectively, “Disputes”) shall be resolved exclusively by binding arbitration, rather than in court, except as expressly provided below.
Except as expressly set forth in Sections 15.1 and 15.2, arbitration shall be the exclusive forum for resolving all Disputes.
The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies available at law or equity.
Notwithstanding the foregoing arbitration requirement, Provider may seek injunctive or equitable relief in any state or federal court located in Texas to:
Such court actions shall not waive the right to arbitration for other Disputes.
Either party may bring an individual claim in a Texas small claims court, provided the claim remains within the court’s jurisdiction and is not consolidated with other claims.
Arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, as modified by this Agreement.
The arbitration shall take place in the State of Texas, unless the parties mutually agree otherwise.
The arbitrator shall apply Texas substantive law, without regard to conflict-of-law principles.
The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement.
The arbitrator may award only those remedies available in an individual action under applicable law and may not award punitive or exemplary damages, except where required by statute.
The arbitrator’s decision shall be final and binding on the parties.
Judgment on the award may be entered in any court of competent jurisdiction located in Texas.
The provisions of this Agreement that by their nature should survive termination or expiration shall survive, including but not limited to: Limitation of Liability, Indemnification, Arbitration, Class Action Waiver, Governing Law, and Confidentiality.
If any provision is held unenforceable, the remaining provisions remain in full force.
Customer agrees that all Disputes must be brought in an individual capacity.
Customer waives any right to bring or participate in a class action, collective action, or representative proceeding against Provider.
The arbitrator may not consolidate claims or preside over any form of representative or class proceeding.
This Agreement constitutes the entire agreement. Customer acknowledges it has not relied on any representations not expressly stated herein.
Customer may not assign or transfer this Agreement without Provider’s prior written consent. Provider may assign this Agreement in connection with a merger, sale of assets, or corporate reorganization.