TERMS & CONDITIONS OF USE

The Bigdata Communications Enterprise Voice Subscriber Agreement

By registering for, activating, testing, making use of, or by paying for Bigdata Communications's services through Bigdata Communications acceptable payment option or through any of it agents or third party "YOU" (hereinafter referred to as "Customer" or "Customers", and individually referred to as "PARTY" or collectively with Bigdata Communications referred to as "PARTIES") acknowledge and agreed to these terms, and you represent that there is no legal impediment to your entering or being bound by this Agreement.

THEREFORE, THE PARTIES AGREED AS FOLLOWS THAT:

Bigdata Communications shall provide wholesale and retails Voice over Internet Protocol (VoIP) service, Interactive Voice Response (IVR) Service, Direct Inward Dialing (DID) Service (hereinafter referred to as the "Service") to customers in accordance with the terms and conditions set forth in this agreement.

1. You are expressly prohibited from using the Service or Equipment for any abusive, spam, unlawful or fraudulent purpose, including using the Service in a way that interferes with our ability to provide the Service to you or other customers or avoids your obligation to pay for the Service.
2. Bigdata Communications, in its sole discretion, may terminate your Service without advance notice if it believes you have violated the aforementioned restrictions, or if you act in a manner that is threatening, obscene, harassing, or abusive. And no refund shall made by Bigdata Communications if the termination is done as regards to the violation of the above prohibitation.

1. Payment for Bigdata Communications's Service is billed on a prepay basis, unless otherwise agreed by both parties for postpaid subject to an additional agreement (hereafter referred to as the "Bigdatacomm Postpaid Carrier Service Agreement") to this terms and conditions of use. On the prepay basis, you agree that our Service will not be provisioned until sufficient prepayment has been made, and that Service may be terminated immediately if sufficient prepayment has not been made. It is your ongoing responsibility to ensure that your account maintains the necessary balance to provision the Service.
2. Charges are calculated on a per call at the current rate, billing cycle and increment. Usage of Bigdata Communications's Service will be charged according to the current price list as made available to You. Changes to our pricing shall become effective immediately upon notification, unless you request the discontinue of the Service within 24hrs upon notification.
3. You agree that Bigdata Communications may expire any credit that remains unused after 365 days of the credit being applied to your account. Such expiration renders the balance non-refundable, and is performed entirely at Bigdata Communications's discretion.
4. Any account balance refund request for already prepaid Service will be subject to an administration charge in addition to any bank charges incurred. Bigdata Communications will not refund any balance that is $100 USD or less as this is the minimum account top-up allowed on our platform and the minimum balance required to provisioned the service for use. Based on this Clause, Bigdata Communications will provide you with $3 USD FREE TEST Credit to confirm the Service meets your satisfaction before use and payment.
5. Transaction charges incurred by Bigdata Communications will be passed on to the customer at the rates and percentages indicated when the customer adds credit to their account. The customer fully accepts these charges when the credit is added to the customer account.
6. Bigdata Communications reserve the right to change the rate of charges at anytime, the acceptance of the new rate is deemed to have been accepted after 24hrs of the notification of the new rate as contained in this Agreement.
7. If no prefix is included with call details these calls will be charged in accordance with the default route set on your account.
8. Notwithstanding Clause 3.4 above to this Agreement, Bigdata Communications shall refund 100% payment that are not yet prepaid for the Service. And, also shall refund actual amount on the prepaid balance ONLY in the case of complete Service Shutdown with no intention to resume or for any other circumstance at Bigdata Communications discretion.

1. If any local, state, federal, public or quasi-public governmental entity or its political subdivision imposes any taxes, fees, surcharges, or other charges or obligations on Bigdata Communications as a result of Bigdata Communications's sale of Service or Customer's use of Service, Customer shall pay any such obligations (Additional Charges) and indemnify Bigdata Communications from any liability or expense associated with the Additional Charges.

2. A minimum outbound call completion ratio (defined as percentage of completed calls versus attempted calls) of 40% (forty percent) is required, and is calculated on total outbound call attempts during any 24 hour period. An Excessive Call Attempt Surcharge of $0.0185 USD per call will be assessed for all incomplete calls below this threshold ONLY on retail Service.
3. A minimum outbound call completion ratio (defined as percentage of completed calls versus attempted calls) of 50% (fifty percent) is required, and is calculated on total outbound call attempts on a monthly billing basis per unique customer account. An Excessive Call Attempt Surcharge of $0.0185 USD per call will be assessed for all incomplete calls below this threshold ONLY on retail Service.
4. A minimum Average Call Duration (ACD) of two minutes is required in any 24 hour period. In the event Customer's ACD on an individual account is below the two minute threshold, default billing increments on the customers account will change from one second to the following ONLY on retail Service:
(A) Below two minutes initial billing interval will be six seconds followed by billing increments of six seconds. (B) Below one minutes initial billing interval will be twelve seconds followed by billing increments of six seconds. (C) Below thirty seconds initial billing interval will be thirty seconds followed by billing increments of six seconds.
5. A minimum Average Call Duration (ACD) of one minute is required in each billing period. In the event Customer's ACD on an individual account is below the one minute threshold, a surcharge of 100% of the total amount billed to Customer in the billing period shall be assessed ONLY on retail Service.
6. If Customer?s total Short Duration Calls (defined as all calls with a duration of 6 seconds or less) is more than 10% (ten percent) of total calls during a monthly or other billing period shall be assessed a Short Duration Surcharge of $0.0279 USD per call for all Short Duration calls on retail Service.
7. Notwithsatanding Clause 3.2, 3.3 and 3.4 above, wholesale billing increment, interval or cycle shall be based on a given route and shall remains as agreed upon by the Customer.

1. You agree that Bigdata Communications's records are conclusive evidence of your use of the Service. Furthermore, you acknowledge that these records will be used to calculate charges incurred.
2. You accept that any use of the service originating from the IP addresses you nominate or your assigned telephone number shall be deemed to be authorised, and that you will pay any charges arising from such use.
3. Any request for a billing adjustment must be made in good faith within thirty (30) days of invoice receipt through a Written Dispute Notification.
4. For the purpose of this Agreement, a Written Dispute Notification means an email message that must include the following information:
(A) Disputed destinations (route description). (B) Amount of total dispute. (C) Dispute type (e.g. rate, minute, or code). (D) If rate dispute, the claimed rates for each disputed destination. (E) If minute dispute, the claimed minutes and associated call detail records for each disputed destination. (F) If code dispute, the claimed codes and associated rates for each disputed destination.

1. By using Bigdata Communications Service you acknowledge that Bigdata Communications does not offer E911 services as part of any existing product or service. Furthermore, Bigdata Communications does not offer termination through its rate decks to 911 emergency services phone numbers. Bigdata Communications DIDs do not hold any information that would help identify you or your users to emergency services.
2. Your use of Bigdata Communications products and/or Service represents your agreement that you have alternative E911 services in place for you and your users.

You agree to be held fully responsible for all use of and fees related to your account, and accept full liability and responsibility for the actions of anyone who uses the site or service via your account, whether authorised or unauthorised, except when unauthorised use is solely attributed to an act or omission on the part of Bigdata Communications.

1. Bigdata Communications makes no representations or warranties that the Ofcom, FCC, PUCs or any type of government body, whether federal, state (provincial) or local, or any underlying providers WILL NOT make any changes to existing laws, agreement and/or tariffs that could impair Bigdata Communications's ability to deliver Service to Customer.
2. You agree to comply with ALL the regulatory requirements of your originating traffic to our Bigdata Communications Network.

YOU AGREE TO INDEMNIFY Bigdata Communications AND ITS AGENTS, AND HOLD THEM HARMLESS FROM ANY CLAIMS OR DAMAGES RELATING TO THIS AGREEMENT. YOU AGREE NOT TO HOLD Bigdata Communications OR ITS AGENTS LIABLE FOR ANY LOSS OF BUSINESS, CONTRACTS, SAVINGS OR PROFITS, OR ANY OTHER DAMAGES OR LOSSES (DIRECT OR CONSEQUENTIAL) TO THE EXTENT THAT Bigdata Communications'S LIABILITY CAN BE LIMITED BY LAW.

1. The terms of this agreement shall come into effect immediately upon registering for, activating, testing, making use of, or by paying for the Service and shall continue until the termination of this Agreement.
2. Bigdata Communications may terminate this Agreement at any time for any breach of these terms or any applicable policy to this Service. No reimbursement for any fees charged in connection with Bigdata Communications's Service shall be issued for such a termination.
3. Any provision of this Agreement relating to term, payment, liability, indemnification, governing law, or confidentiality shall survive termination or expiration.
4. Should a provision of this agreement be found to be invalid or unenforceable, or should Bigdata Communications choose to waive any provision contained herein, you agree that the remainder of the Agreement remains unaffected and in full force.

Customer is solely responsible for the operation of its own business, for complying with any applicable legal and regulatory provisions and for applying and obtaining the required license(s). Bigdata Communications does not gurantee that the Service will be provided without error, interruption or any technical issues, and are therefore, recommends its customers to seek advice on any legal and regulatory obligations and restrictions before using the Service.

This agreement was last updated 14:00 (GMT) on Monday May 4th, 2020.