Terms and Conditions

Momentum Plus Customer Terms of Service Terms of Service This agreement ("Agreement") is between Momentum Plus, Inc. ("we," "us"or "MPlus") and the user ("you," "user" or "Customer") of MPlus's VoIP communications services and any related products or services ("Service"). This Agreement governs both the Service and any devices, such as an IP phone or any other IP connection device ("Device" or "Equipment"), used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms. 1. PURCHASE 1.1 Purchaser's Responsibility Purchaser is responsible for any fees, duties or charges that may be imposed by their country or it's agents in the process of delivering the Internet phone to the purchaser.

2. SERVICE 2.1 Term Service is offered on a monthly basis for a term that begins on the date that Momentum Plus activates your Service and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give MPlus written notice of non-renewal at least thirty (30) days before the end of the month in which the notice is given. You are purchasing the service for full monthly terms, meaning that if you attempt to terminate service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then-current term, including without limitation unbilled charges, all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement. If. 2.1 Lawful Use of Service and Device 2.1.1 Prohibited Uses: You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in MPlus's sole judgment the transmission, receipt or possession of such communication or material (i) would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (ii) encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. Momentum Plus reserves the right to terminate your service immediately and without advance notice if MPlus, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, all of which immediately become due and payable. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you and agree to indemnify and hold harmless Momentum Plus against any and all liability for any such use that fails to comply with this Section 1.3.1. If MPlus, in its sole discretion believes that you have violated the above restrictions, MPlus may forward the objectionable material, as well as your communications with MPlus and your personally identifiable information to the appropriate authorities for investigation and prosecution. 2.1.2 Use of Service and Device by Customers Outside the United States While we encourage use of the Service around the world, if you use the Service outside the United States, you do so at your own risk, including the risk that such activity may violate local laws in the country where you do so. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided. 2.2 Loss of Service Due to Power Failure or Internet Access Failure
You acknowledge and understand that the Service does not function in the event of power failure or Internet access failures, including the inconsistent availability of bandwidth. Should there be an interruption in the power supply or in your access to the Internet, the Service will not function until power and access to the Internet is restored. A power or Internet access failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service. Power or Internet access disruptions or failures will also prevent dialing to emergency service numbers including the 911-calling feature. 2.3 Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software
The Service and Device and any firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on MPlus's website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "Marks") of Momentum Plus are and shall remain the exclusive property of Momentum Plus and nothing in this Agreement shall grant you the right or license to use such Marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement, and that the Device is exclusively for use in connection with the Service. 2.4 Tampering with the Device
You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from Momentum Plus in each instance. Momentum Plus reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable.
2.5 Theft of Service You agree to notify Momentum Plus immediately, in writing or by calling the Momentum Plus customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. You will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service.
2.6 Number Transfer on Service Termination Momentum Plus may, solely at the Company's discretion, release the telephone number that was ported in to Momentum Plus by you and used in connection with your Service provisioned by MPlus to your new service provider, if such new service provider is able to accept such number, upon your termination of the Service, and provided (i) your account has been terminated; and (ii) your MPlus account is completely current including payment for all charges and disconnect fees; and (iii) you request the transfer upon terminating your account. 2.7 Service Distinctions You acknowledge and understand that the Service is not a traditional telephone service. Important distinctions exist between traditional telephone service and the enhanced Service offering provided by Momentum Plus. The Service is subject to different regulatory treatment than phone service. This treatment may limit or otherwise affect your rights of redress before Federal and State telecommunications regulatory agencies. 3. EMERGENCY SERVICES- NO 911 DIALING 3.1 Non-Availability of Traditional 911 or E911 Dialing Service:
Momentum Plus does not recommend eliminating your current local phone service. You acknowledge and understand that the MPlus Service does NOT support traditional 911 or E911 access to emergency services. You agree to inform any household residents, guests and other third persons who may be present at the physical location where you utilize the Service as to the non-availability of traditional 911 or E911 dialing from your MPlus Phone Service and Device(s).
3.2 Limitation of Liability and Indemnification You acknowledge and understand that the Company's liability is limited for any Service outage and/or inability to dial 911 from your line or to access emergency service personnel, as set forth in this document. You agree to defend, indemnify, and hold harmless Momentum Plus, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service relating to the absence, failure or outage of the Service, and/or inability of Customer or any third person or party or user of Customer's Service to be able to dial 911 or to access emergency service personnel.  4. CHANGES TO THIS AGREEMENT Momentum Plus may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on the Momentum Plus website. The Agreement posted supersedes all previously agreed to electronic and written Terms of Service. 5. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION 5.1 Billing You must give us a valid credit card number when the Service is activated. If the card expires, you close your account or your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise Momentum Plus at once. All monthly Service fees and activation fees are billed monthly in advance of the next month's service. Activation fees are billed at the time of activation of service and shipping and handling charges are billed at the time of order fulfillment. Monthly Service and any extra feature fees are billed in advance except in Singapore where government regulations require us to bill at the end of the month.  All additional charge not included in the Monthly Service Fee, including but not limited to: local, long distance and international usage charges, are billed at the end of each month.  Momentum Plus reserves the right to bill at more frequent intervals if the amount due at any time exceeds $50. 5.2 Billing Disputes You must notify Momentum Plus within 7 days after receiving your credit card statement if you dispute any Momentum Plus charges on that statement or such dispute will be deemed waived. Billing disputes should be directed to Momentum Plus as follows: Momentum Plus Inc.
1650 S. Amphlett Blvd #226 San Mateo, Ca 94402 Attention : Customer Billing Department or This e-mail address is being protected from spambots. You need JavaScript enabled to view it or by calling the customer service phone number posted on our website. 5.3 Payment Momentum Plus only accepts payments by credit card. Your initial use of the Service authorizes Momentum Plus to charge the credit card account number on file with Momentum Plus, including any changed information given Momentum Plus if the card expires or is replaced, for Momentum Plus charges that accrue during the billing cycle. This authorization will remain valid until 30 days after Momentum Plus receives your written notice terminating MPlus's authority to charge your credit card. MPlus may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with MPlus is declined or reversed or in case of any other non-payment of account charges. Termination of Service for declined card, reversed charges or non-payment leaves you FULLY LIABLE to Momentum Plus for ALL CHARGES ACCRUED BEFORE TERMINATION and for charges incurred by MPlus owing to your non-payment, such as (but not limited to) collection costs and attorney's fees. 5.4 MPlusTermination/Discontinuance of Service Momentum Plus reserves the right to suspend or discontinue providing the Service, or to terminate your Service, at any time in its sole discretion. If Momentum Plus discontinues providing the Service, or terminates your Service in its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges. If your Service is terminated for any stated reason, including without limitation violation of this Agreement, or because of any improper use of the Service or Device (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service), you will be responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable. 5.5 Customer Termination/Discontinuance of Service Customer may terminate service in writing to the address on the website upon 30 days notice. If the customer does not stay on the MPlus monthly service plan for at least 6 continuous months, the phone or equipment must be returned to Momentum Plus within 30 days of last use. All returned equipment must be in good condition and in the original packaging with the UPC or bar code intact on the phone or the equipment. All components, manuals and registration card(s) must be included. All costs for the return of the phone or equipment is the responsibility of the customer. Equipment must be returned to the correct MPlus address with a valid return authorization number obtained from MPlus.
To obtain a return authorization number, user must contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it or by calling the Customer Service phone number posted on our website 5.6 Taxes Customer is responsible for, and shall pay any applicable federal, state, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of Customer's subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your account. If Customer is exempt from payment of such taxes, it will provide MPlus with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date MPlus receives the Tax Exempt Document. 5.7  One Year Warranty Momentum Plus offers a One Year (1) Warranty on all Phones and equipment.  The MPlus Phone Warranty includes return-to-factory replacement service for equipment that does not meet its published specifications during normal operation. Damage due to external causes including, but not limited to, abuse, misuse, electrical power problems or any usage not in accordance with specifications and instructions automatically voids the warranty. MPlus accepts no responsibility for any expenses or damages for lost revenue incurred directly or indirectly as a result of any defect in the equipment, or for any expenses incurred directly or indirectly during the replacement period. If you experience any problem with the equipment shipped to you by MPlus, simply contact MPlus and explain the defect in the equipment. You must first ship to MPlus your  defective equipment at your own expense. If MPlus finds your claim for equipment / manufacturer defect to be valid, MPlus will ship you a replacement for the damaged equipment. A Warranty will not be honored if user fails to meet all above requirements. 6. SERVICE WARRANTY and LIABILITY LIMITATIONS / INDEMNIFICATION 6.1 Limitation of Liability Momentum Plus shall not be liable for any delay or failure to provide the Service, including 911 dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following: 1.  Act or omission of an underlying carrier, service provider, vendor or other third party;       2. Equipment, network or facility failure; 3.Equipment, network or facility upgrade or modification;4.Force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions; 5.Equipment, network or facility shortage; 6.Equipment or facility relocation; 7.Service, equipment, network or facility failure caused by the loss of power or Internet access to Customer; or 8. Any other cause that is beyond MPlus's control, including without limitation the failure of an incoming or outgoing communications, the inability of communications to be connected or completed , including 911 dialing, or degradation of voice quality. MPlus's liability for any failure or mistake shall in no event exceed Service charges with respect to the affected time period.  6.2 No Consequential Damages In no event shall Momentum Plus, its officers, directors, shareholders, employees, affiliates, partners  and/or agents and/or any other service provider who furnishes services to Customer in connection with this Agreement or the Service be liable for any incidental, indirect, special, punitive, exemplary or consequential damages, or for any damages, including but not limited to loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use the Service, including inability to be able to dial 911 or to access emergency service personnel through the Service. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, products liability, tort and any and all other theories of liability and apply whether or not MPlus was informed of the likelihood of any particular type of damages. 6.3 Indemnification Customer agrees to defend, indemnify, and hold harmless MPlus, its officers, directors, shareholders, employees, affiliates, partners and/or agents and/or any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service, relating to this Agreement, the Services, including 911 dialing, or the Device. This paragraph shall survive termination of this Agreement. 6.4 No Warranties on Service Momentum Plus makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability or fitness of the Service  for a particular purpose. MPlus does not warrant that the Service will be without Service failure, delay, interruption, error, degradation of voice quality or loss of content, data or information. Neither MPlus nor its officers, directors, shareholders, employees, affiliates, partners and/ or agents and/or any other service provider or vendor who furnishes services or products to Customer in connection with this Agreement or the Service will be liable for unauthorized access to MPlus's or Customer's transmission facilities or premises equipment or for unauthorized access to, or alteration, theft or destruction of, Customer's data files, programs, procedures or information through accident, fraudulent means or devices or any other method, regardless of whether such damage occurs as a result of MPlus's or its service provider's or vendors' negligence. Statements and descriptions concerning the Service , if any, by MPlus or MPlus's agents or installers are informational and are not given as a warranty of any kind. 6.5 No Third Party Beneficiaries No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights. 6.6 Content You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that Your or User's use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. Momentum Plus reserves the right to terminate or suspend affected Services, and/or remove Your or Users' content from the Services, if MPlus determines that such use or content does not conform with the requirements set forth in this Agreement or interferes with MPlus's ability to provide Services to you or others or receives notice from anyone that Your or Users' use or Content may violate any laws or regulations. MPlus's actions or inaction under this Section shall not constitute review or approval of Your or Users' use or Content. You will indemnify and hold MPlus harmless against any and all liability arising from the content transmitted by or to you or to Users using the Services. A "User" means any person, whether authorized or unauthorized, using the Service and/or Device provided to you. 7. GOVERNING LAW / RESOLUTION OF DISPUTES 7.1 Mandatory Arbitration Any dispute or claim between Customer and MPlus arising out of or relating to the Service or Device provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator's decision shall follow the plain meaning of the relevant documents, and shall be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in arbitration. Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial. 7.2 Governing Law The Agreement and the relationship between you and MPlus shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and MPlus agree to submit to the personal and exclusive jurisdiction of the courts located within the County of San Mateo, California. The failure of Momentum Plus to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. 7.3 Entire Agreement This Agreement and the rates for Services found on MPlus's website constitute the entire agreement between you and MPlus and govern your use of the Service, superseding any prior agreements between you and MPlus and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon MPlus unless and until posted in accordance with Section 3 hereof. 7.4 Severability If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement 8. PRIVACY Momentum Plus Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. MPlus is not liable for any lack of privacy that may be experienced with regard to the Service. Please refer to our Privacy Policy at www.mymomentumplus.com for additional information. 9. CHANGES; NOTICES Notice to Customer of any changes to the "Terms of Service" shall be considered given by posting to the "Service Announcements" section of the MPlus Web Site, email broadcasts by the company to customers and IBO's, inclusion of notices sent out in commission checks etc. Notice will be considered received by Customer, and such changes will become binding on Customer, on the date sent and no further notice by MPlus is required.
Last Updated:  March 28, 2007