These Terms of Service (“Terms”) are an agreement between you and Dynamic Packet, doing business as FastPBX (“FastPBX”, “we”, “us”, “our”). They apply to your use of our website at https://www.fastpbx.com (the “Website”) and to the business phone services, apps, numbers and related services we provide (together with the Website, the “Services”).
By creating an account, starting a trial or using the Services, you agree to these Terms. If you are accepting them on behalf of a business, you confirm that you are authorized to bind that business, and “you” refers to the business. If you do not agree, do not use the Services.
1. The Services
FastPBX provides cloud-hosted business phone service delivered over the internet (VoIP), including phone numbers, extensions and the features included in the plan you choose. Features vary by plan and are described on our Plans & Pricing page. We may add, change or retire features over time, and we will give you reasonable notice before removing a feature that is part of your plan.
The Services require a working internet connection and compatible equipment. Call quality depends in part on your network, internet service provider, router and devices, which are outside our control.
2. Your account
You must provide accurate, complete information when you sign up and keep it up to date, including your service address. You are responsible for keeping your account credentials secure and for all activity under your account, including calls made from your numbers and extensions. Tell us right away if you believe your account has been accessed without permission.
3. Free trials, plans and billing
- Trials. We may offer a free trial. Trial length and terms are described when you sign up and on our Plans & Pricing page.
- Pricing. Plans are billed per extension, per month, at the price shown when you subscribe. Taxes, regulatory fees and surcharges may be added where required by law.
- Payment. You authorize us to charge your payment method on a recurring basis for the Services you subscribe to. If a payment fails, we may suspend the Services until your account is brought current.
- No long-term contract. You may change plans or cancel at any time. Cancellation takes effect at the end of your current billing period unless we agree otherwise. Any satisfaction guarantee or refund offer is described on our Website at the time you sign up.
- Price changes. We may change our prices with at least 30 days’ notice. The new price applies from your next billing period after the notice.
4. Emergency calling (911)
Emergency 911 service over VoIP works differently from traditional phone service. Please read this section carefully.
- Register your address. You must give us the physical address where each line or device is used and update it whenever you move a device. Emergency calls are routed using the registered address, and responders may be sent to that address.
- Power and internet outages. 911 calls will not work if you lose power or internet service, if your equipment is not working, or while your account is suspended.
- Mobile and softphone apps. 911 calling from mobile or desktop apps may be limited or unavailable, and your location may not be passed to emergency responders. Use a mobile carrier line or landline for emergencies when possible.
- Tell your users. You are responsible for informing everyone who uses your Services, including employees and visitors, of these limitations.
FastPBX and its providers are not liable for any inability to reach emergency services, or for delays or misrouting of emergency calls, to the extent permitted by law.
5. Phone numbers and porting
We will help you port existing numbers to FastPBX where the number is eligible and you are authorized to transfer it. Porting timelines depend on the losing carrier. If you leave FastPBX, you may port your numbers to another provider as long as your account is in good standing. We do not own your ported numbers, but numbers we assign to you may be reclaimed if your account is canceled and the numbers are not ported out.
6. Acceptable use
You agree not to use the Services to:
- break any law or regulation, including telemarketing, robocalling, caller ID and anti-spam laws;
- send unsolicited bulk messages or calls, or spoof caller ID to mislead or defraud;
- harass, threaten or defraud anyone, or transmit unlawful content;
- interfere with or disrupt the Services, our network or other customers, or try to gain unauthorized access to them;
- resell the Services without our written permission.
Unlimited calling plans are for normal business use. We may limit or suspend use that we reasonably believe is abusive, fraudulent or far outside normal business patterns, such as auto-dialing, call centers that are not on an appropriate plan, or continuous connections.
7. Call recording and monitoring
Some plans include call recording and live call monitoring. Laws on recording and monitoring calls vary by state and country, and some require the consent of everyone on the call. You are responsible for complying with those laws, including giving any required notices and obtaining consent.
8. Equipment
If you buy or rent phones or other equipment from us, ownership, warranty and return terms are described at the time of purchase. Manufacturer warranties apply to hardware. You are responsible for equipment you supply yourself.
9. Service availability and support
We work to keep the Services available and offer 24/7 support, but we do not guarantee uninterrupted or error-free service. The Services may be unavailable during maintenance, network problems or events outside our control.
10. Intellectual property
The Website, our software and our content are owned by FastPBX or its licensors and are protected by law. We grant you a limited, non-exclusive, non-transferable right to use them only as needed to use the Services. You keep ownership of your content, such as greetings, hold music and recordings, and you give us permission to host and process it to provide the Services. You confirm that you have the right to use any content you upload.
11. Privacy
Our Privacy Policy explains how we collect and use personal information. By using the Services, you agree that we can use your information as described there.
12. Disclaimers
Except as expressly stated in these Terms, the Services are provided “as is” and “as available”, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement, to the extent permitted by law.
13. Limitation of liability
To the extent permitted by law, FastPBX will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, arising from your use of the Services. Our total liability for any claim relating to the Services is limited to the amount you paid us for the Services in the three months before the event giving rise to the claim.
14. Indemnification
You agree to defend and indemnify FastPBX against claims, losses and expenses (including reasonable attorneys’ fees) arising from your use of the Services in violation of these Terms or the law, including claims related to call recording, messaging or emergency calling by your users.
15. Suspension and termination
You may cancel at any time as described in section 3. We may suspend or end the Services if you breach these Terms, fail to pay, or use the Services in a way that creates legal risk or harms our network or other customers. Where reasonable, we will give you notice and a chance to fix the problem first. Sections that by their nature should survive termination will survive.
16. Governing law
These Terms are governed by the laws of the State of Florida, without regard to its conflict of law rules. Any dispute will be brought in the state or federal courts located in Miami-Dade County, Florida, and you consent to their jurisdiction.
17. Changes to these Terms
We may update these Terms from time to time. The updated version will be indicated by a new “Last updated” date. If we make material changes, we will notify you by email or through the Services before they take effect. Continuing to use the Services after the changes take effect means you accept them.
18. Contact us
Questions about these Terms? Email [email protected], call (+1) 888-988-5355 or visit our Support page.