Terms and Conditions of Service

Service Availability

You must be at least 18 years old to subscribe to any Diamond Voice Service. Use of your service acknowledges your acceptance of the terms and conditions described here. Your assigned toll free access number is available to you and your callers from anywhere in the continental United States, Alaska, Hawaii, Puerto Rico and many of the U.S. Caribbean islands.

Non-toll free numbers assigned may be called from domestic or international locations, but any charges associated with dialing non-toll free numbers are the responsibility of the caller.

Terms and Rates

Service availability under Diamond Voice’s terms and conditions starts on the date of activation. You may change the configuration options available with your service at any time by logging into your mailbox over the phone. There is no charge for changes made in this manner.

When contacting Customer Service or Technical Support to request us to make changes to your configuration options that are designed and are available to be changed by you, the subscriber, you may incur a small charge. Adding new features may result in additional one-time and/or monthly charges. Changes to routing may incur a small charge. Changes to scripts recorded by Diamond Voice do incur the standard recording charges.

You are solely responsible for all recurring service fees and usage charges including but not limited to wrong numbers, unauthorized access, and calls to pay-per-call programs or international destinations.

No Long Term Contracts

You may cancel service at any time by giving 30 day notice. You may contact us at 1-888-293-1550, by mail via our current billing address or by email at (billing@diamondvoice.com). After satisfying any outstanding balance due we will promptly refund any remaining available balance on file.

Billing

You will receive a statement via email once a month itemizing monthly charges. Payment of any outstanding balance must be received by the date indicated. Prepay customers or customers using an automatic payment plan such as credit card or bank draft need not make a payment unless your account has fallen into a negative balance at which time it must be satisfied immediately irrespective of the billing due date. Local line charges and any long distance calls not made through your Diamond Voice Service will be billed by your local and long distance service providers.

Charges by Third Parties

It is not appropriate to give out your Diamond Voice voicemail or faxmail number as a billing number for various service providers to bill for payment of their services. Any charges which are attempted to be made will be refused and will be assessed a 25% billing fee on your next invoice. This includes, but is not limited to: Collect calls, telecommunication services, internet services or any type of product or service where the vendors requests a phone number to which they can bill a fee.

Late Fees and Collections

Payments not received by the due date may be charged a late fee of $25.00 per month. If your check for payment is returned for insufficient funds, a check return fee of $25 will be applied to your account. If your payment has not been received within 10 days of the due date, your account will be canceled and subject to a reactivation fee. You agree to pay all collections fees including reasonable attorney fees should your account go unpaid.

Credit Verification

Diamond Voice Messaging service is available as a prepay service. If you request standard terms, you authorize Diamond Voice Messaging to obtain information about your credit history as part of Diamond Voice Messaging's activation process. Diamond Voice Messaging reserves the right to request information for approval purposes and to refuse service to any applicant for any reason.

Assigned Phone Number

Diamond Voice Messaging Service number(s) issued to you are the property of Diamond Voice Messaging and cannot be transferred to any party without written permission. Diamond Voice Messaging retains the right to change your assigned phone number(s) if necessary. You will be notified in advance of any change. Any toll-free or non toll-free number that was in your possession and ported over to Diamond Voice Messaging for use with the service must become the property of Diamond Voice Messaging during your length of Service. However, we will gladly release the number back to you upon service cancellation and satisfaction of any outstanding account balance. Diamond Voice Messaging will allow you to take over personal ownership of your assigned Diamond Voice Messaging toll-free number for a fee (see pricing) so long as you have had service with us for a minimum of 90 days and your account balance is satisfied. Please note that the transferring of ownership can take as long as three weeks to complete. Ownership of non-tollfree numbers cannot be transferred under any circumstances. In the event that you want to continue to use a non-tollfree number acquired from Diamond Voice, but not utilize any of the Diamond Voice call processing services, for a small monthly fee, we can set your Diamond Voice number to transfer through our system to another number.

Changes in Service

Diamond Voice Messaging reserves the right to change the availability of or make modifications, deletions, or additions to it’s service offerings at any time without prior notice.

Service Interruption/Termination

In the event that you are unable to pay your bill or your payment is not received by the due date and/or you exceed your authorized pre-set credit limit, Diamond Voice Messaging may regretfully suspend your phone service without notice until you have made your account current. If nonpayment is the reason for suspension, a $25 reconnection fee may be charged to your account when payment is made and your service is reactivated. If your account is not brought current within thirty (30) days after the date payment was due or usage levels were exceeded, Diamond Voice Messaging may terminate your service without further notice, and pursue any other remedy at law or in equity.

Diamond Voice Messaging may immediately terminate your phone service without notice if your usage is in any way interfering with the operation of Diamond Voice Messaging's network or if Diamond Voice Messaging suspects that the use of your phone or the service is fraudulent. Diamond Voice Messaging may terminate your service without cause by notifying you in writing or via email at least thirty (30) days prior to termination.

Limitation of Liability

Diamond Voice Messaging will strive to provide continuous service with a goal of no blocked calls to you. However, Diamond Voice Messaging cannot be held liable for service interruptions, including dropped calls, due to equipment failure, equipment or facilities shortages that create transmission limitations, system capacity limitations, strikes, acts of God or other causes beyond our reasonable control. Diamond Voice Messaging's liability, if any, in the operation of service or equipment shall not exceed the amount of our pro-rated monthly charge for the service access during the period affected. You assume all risks associated with the use of the service including any liability arising out of the fraudulent use of Diamond Voice Messaging. Diamond Voice Messaging will not be liable for and you agree to hold Diamond Voice Messaging harmless from any costs, delays, special, incidental or consequential damages, physical harm or any other damage that may be alleged from the use of the service. You specifically agree that Diamond Voice Messaging will not be liable for any damages resulting from or in connection with the use of Diamond Voice Messaging for life-threatening or emergency situations.

Miscellaneous

If legal action is initiated by either party concerning this Agreement, the prevailing party shall be entitled to recover all costs and reasonable attorney’s fees, including costs and fees on appeal. Diamond Voice Messaging may assign all or part of this Agreement by giving you written notice, and you agree to make all subsequent payments as instructed in such notice. You may not assign your rights or obligations under this Agreement without prior written approval from Diamond Voice Messaging. If any terms stated herein are invalid or unenforceable, then the remaining terms shall remain in effect.

This agreement shall be construed in accordance with and governed by the laws of the State of Texas. In addition, the court and authorities of the State of Texas shall have jurisdiction over all controversies that may arise with respect to this Agreement.

Notices

Service of all notices under this Agreement shall be sufficient if given personally, via email or mailed to the receiving party involved at its respective address or any other address as either party may provide in writing.