Updated January 14^th 2024

This page outlines the Terms and Conditions that constitute the agreement for your use of WOCOM’s Services. PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS. They impose legal obligations on you and have implications for your legal rights concerning WOCOM, including early cancellation termination fees, mandatory arbitration of disputes, and limitations of liability. WOCOM is prepared to provide you with services only under the condition that you agree to these terms. The term “website,” as referred to below, pertains to WOCOM’s internet website, with its home page located at HTTPS://WOCOMJA.COM

This Agreement, inclusive of all exhibits, appendices, and other agreements, documents, rules, and regulations attached or linked hereto, or referenced herein (as may be amended from time to time, including as posted on the Website), is entered into by and between WOCOM Limited. (“we,” “us,” or “WOCOM”) and the user (“you,” “user,” or “Customer”) of WOCOM’s information services, telecommunications services, software, and client or web-based applications. This includes, but is not limited to, Basic, unlimited, direct inward dialing (“DID”) telephone numbers, toll-free telephone numbers, SIP trunks, SMS/MMS text, video conferencing, and other telephony services, as well as any related Equipment (as defined below), services, features, and functionalities described on the Website, collectively referred to as the “Service.” The Agreement is also known as the “Customer Terms of Service.”

By subscribing to, activating, and/or using the Service, you acknowledge that you have read and comprehended these terms and conditions. You agree to be bound by these terms as well as by the terms of WOCOM’s applicable rate schedules, service orders, posted policies, and public disclosures, if any, which are integrated into this Agreement by reference. Additionally, you affirm that you are at least 18 years of age, possess the legal capacity, and are authorized to enter into this Agreement. This authorization applies whether you are entering on an individual basis or as an authorized representative of an organization. 

The term “Equipment” encompasses any products, devices, and/or equipment utilized in conjunction with any Service. This includes, but is not limited to, an IP phone, multimedia terminal adapter, analog telephone adapter, or any other IP connection device. In case of a conflict between any service description, FAQ, Privacy Policy, or other terms related to the Service found on the Website, and these Customer Terms of Service, the latter shall take precedence and govern.

1. TERM OF SERVICE

1.1 Initial Term:

The Service is provided for a minimum term of one year (12 months) (referred to as the “Term”). The commencement of this Term begins on the date of your Service purchase (the “Commencement Date”). By purchasing the Service, you commit to the full duration of the applicable Term. Should you choose to terminate the Service before the conclusion of the ongoing Term (constituting a Default as described below), you will be held accountable for the complete Term’s charges. This includes outstanding charges, unbilled charges, and any applicable disconnection fee, as outlined below (collectively referred to as “Default Charges”). Additionally, there will be no entitlement to a refund for any unused portion of prepaid Term charges, except for specific offers associated with the initial subscription. 

1.2 Renewal:

The Term for all Service plans will automatically renew for successive Terms of the same length without requiring further action or notice from you. This automatic renewal will take place unless you notify WOCOM of non-renewal at least fifteen (15) days before the end of the current Term. You can communicate your decision not to renew by calling customer service at 876-906-7240 / 877-906-7240.

1.3 Termination:

We retain the right, at our sole discretion, to modify, suspend, or terminate the Service without prior notice for various reasons. These reasons may include, but are not limited to, your failure to pay any sum due, suspected fraud, or any activity that may violate applicable law, industry standards, or WOCOM’s policies. Termination may also occur if you terminate the Service before the end of the current Term or for any other breach of this Agreement, referred to as a “Default.”

We hold the right to determine, at our sole discretion, what constitutes a Default, and you acknowledge that our determination is final and binding. In case of a Default, you are obligated to pay all Default Charges within fifteen (15) calendar days of receiving a bill for such charges. Additionally, you shall reimburse WOCOM for all attorney, court, collection, and other fees and costs incurred in the enforcement of its rights under this Agreement.

However, you have the option to switch to a higher-cost plan at any time without being considered in Default. If such a switch occurs during a Term, you will be billed a prorated amount representing the difference between your previous monthly plan and that associated with your new plan, based on the time remaining in the current Term. 

1.4 Cancellation or Termination:

You have the option to cancel or terminate your use of the Services with or without cause, subject to the restrictions and fees outlined in these Terms and any additional agreements governing the Services. To initiate cancellation, contact the WOCOM Customer Support Team at 876-906-7240 / 877-906-7240 during the hours of 9:00 am to 5:30 pm Eastern time. It’s important to note that cancellation requires real-time account verification to ensure the authenticity of the request. Therefore, cancellations through text, email, or second-party services will not be accepted.

1.5 All unlimited plans:

 The use of WOCOM services is subject to the following conditions:

Normal Business Purposes:

• Services may only be used for normal business purposes, excluding call centers, “call blasts,” or marketing campaigns.

Dialog Between Two Individuals:

• Services are provided for dialog between two individuals at any given time per extension or user.

Definition of “Unlimited Minutes:

• The term “Unlimited Minutes” applies to calls initiated or terminated from a WOCOM extension associated with an IP Phone or a Softphone defined as an “Unlimited Minutes Extension” or “Unlimited Extensions” or a “virtual extension” forwarded to a mobile phone or another end device. It does not overlap with any other calls to the same extension.

Prohibited Uses of Unlimited Plans:

Unlimited plans may not be used for:

• Trunking or forwarding to phone numbers capable of handling multiple simultaneous calls.
• Spamming or blasting (e.g., sending bulk voicemail, faxes, or texts simultaneously).
• Bulk call-in lines (e.g., call centers, hotlines, 800 numbers).
• Auto-dialing or “predictive” dialing (non-manual dialing or using software to continuously dial).

High Usage and Account Termination:

• Unusually high usage may lead to the impairment of WOCOM’s ability to provide high-quality services. In such cases, WOCOM reserves the right to suspend or terminate your account or, with prior notice, convert your account to a metered calling plan with higher usage rates.

Billing for Inbound Toll-Free Calls:

• Inbound toll-free calls from a toll-free number assigned to this account will be billed separately.

Modification of Use Policy:

• WOCOM reserves the right to add to, modify, or amend this Use Policy at any time for any reason at its sole discretion.

2. EMERGENCY SERVICES- 119 DIALING

WOCOM provides all its subscribers with basic 119  (connecting a 119  call to a public safety answering point or “PSAP”) and has the capability to offer enhanced 911 or “E911” (providing the PSAP with the caller’s telephone number and location) where available. All emergency calls are terminated at the Jamaica Constabulary Force (JCF) Public Safety Answering Point (PSAP). At the time of this document, Jamaica does not provide location sharing; however, it is our intention to be fully compliant once this feature is made available within the Island of Jamaica. Proper PSAP infrastructure needs to be in place to support such capabilities.

2.10 Additional Limitations of 119 Calling.

2.2.1 Outages: YOU ACKNOWLEDGE AND UNDERSTAND THAT 119 DIALING, SIMILAR TO THE SERVICE AS A WHOLE, IS NON-OPERATIONAL DURING AN OUTAGE, INCLUDING BUT NOT LIMITED TO POWER FAILURE, BROADBAND SERVICE INTERRUPTION, OR SUSPENSION OF YOUR ACCOUNT.

SHOULD THERE BE AN INTERRUPTION IN THE POWER SUPPLY, BROADBAND ACCESS, SUSPENSION OF YOUR ACCOUNT, OR OTHER UNFORESEEN FAILURE, THE SERVICE AND 119 DIALING WILL NOT FUNCTION UNTIL POWER OR BROADBAND SERVICE IS RESTORED. A POWER OR BROADBAND FAILURE OR DISRUPTION MAY REQUIRE THE CUSTOMER TO RESET OR RECONFIGURE EQUIPMENT, CONNECTIONS, AND/OR LOGINS BEFORE UTILIZING THE SERVICE OR 119 DIALING.

3. USE OF SERVICE

3.1 Use of WOCOM Phone Service:

If you have subscribed to WOCOM’s Phone Service, the Service is provided to you as a business user. As such, you are not permitted to resell or transfer the Service to any other person or entity for any purpose unless explicitly agreed upon in writing. Your agreement includes restricting the use of the Service to ordinary and usual office voice communications. Furthermore, you agree not to employ the Service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting, fax blasting, or any form of automated or continuous use. WOCOM reserves the right to promptly terminate or modify the Service if, in its sole discretion, it determines that the Service is being used for any of the aforementioned activities, in accordance with applicable laws governing such terminations.

3.2 Lawful Use of Service and Device.

3.3.1 Prohibited Uses:

You agree to use the Service and Equipment exclusively for lawful purposes and refrain from transmitting or receiving any communication, content, or material that, in WOCOM’s sole judgment, is unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, fraudulent, obscene, or otherwise objectionable. This includes situations where the transmission, receipt, and/or possession of such communication or material would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local or international law.

WOCOM reserves the right to immediately terminate your Service without advance notice if, in its sole discretion, it believes that you have violated the above restrictions. In such cases, you will be responsible for paying the Default Charges. You are accountable for any use of the Service by any person utilizing it and agree to indemnify, defend, and hold harmless the WOCOM Indemnities from and against any and all claims, losses, damages, fines, penalties, costs, liabilities, and expenses (including, without limitation, attorney fees and costs, including costs on appeal) incurred or suffered by any of such WOCOM Indemnities (collectively, “Indemnifiable Damages”) arising out of any use that fails to comply with this Section.

If WOCOM, in its sole discretion, believes that you have violated the above restrictions, WOCOM may forward the objectionable material, along with your communications with WOCOM and your personally identifiable information, to the appropriate authorities for investigation and prosecution. 

3.3.2 Tampering with Equipment:

You agree not to change the electronic serial number or equipment identifier of any Equipment or perform a factory reset of any Equipment without express permission from WOCOM in each instance. Such actions shall be considered a material violation of this Agreement.

3.3.3 Use of Website:

The content of the website, including all software, design, text, graphics, artwork, images, photographs, audio clips, video clips, digital downloads, button icons, and other material (the “Material”), is the property of WOCOM and/or its subsidiaries, affiliates, assigns, licensors, operational service providers (collectively “operational service providers”) responsible for the website’s design, hosting, network, and programming, and/or advertisers, promotional partners, and sponsors (collectively, “Advertisers”). The Material is protected, pursuant to United States and international copyright, trademark, and other applicable laws. Unauthorized copying, displaying, or other use of any of the website’s Material may violate one or more of these laws. 

3.3.4 Loss or Theft of Service:

Promptly notify WOCOM via the customer service line if any Equipment is lost, damaged, broken, or stolen, or if you suspect or become aware that the Service is being stolen, tampered with, or fraudulently used. You are responsible for all Service use until WOCOM is informed of the loss or theft. Additionally, you are liable for lost, damaged, stolen, or broken Equipment and may need to purchase replacement Equipment at the retail price, plus applicable shipping costs and taxes, to continue Service.

3.3.5 Porting Out Numbers:

A request to port all Numbers from WOCOM to another provider is not considered a termination request. Your account must stay active until the port is complete. You need to separately terminate your service after porting to avoid additional service fees. If service is terminated before porting, it results in the loss of the Number, making it ineligible for porting. If you choose to port your Number, you remain liable for early termination fees, equipment charges, and outstanding balances, and may be charged a port-out fee for each Number.

3.3.6 Numbering Resources:

WOCOM may reclaim any phone number assigned to your account if it is considered unutilized or underutilized by regulatory authorities. Reclaimed numbers return to the relevant numbering administrator. WOCOM will provide at least two (2) weeks’ notice for number reclamation unless prevented by regulatory agencies, governmental organizations, or numbering administrators. Notice may not be provided if your account is suspended. 

3.3.7 Interacting with WOCOM Staff:

We value our customers and our staff equally, and we expect you to do the same when interacting with our team. Any abusive, threatening, or inappropriate language or behaviour is not acceptable and may result in the immediate termination of your service.

3.3.8 Privacy:

You recognize that the Service relies on the public Internet and third-party networks for voice and other communications. WOCOM cannot guarantee the security or privacy of your calls or transmissions. You are responsible for the confidentiality of your password and all uses of your profile on the Service and Website. For healthcare and financial services-related entities, a separate Business Associate Agreement is available.

4.0 Account Data and Communications.

4.0.1 Disclaimer of Data Storage Responsibilities:

You acknowledge and agree that:

(i) WOCOM has no obligation to store, retain, back up, or ensure the availability of any stored communications and/or account data for more than 30 days.

(ii) If you wish to retain any account data or other information related to your Services (e.g., voicemail, caller analytics data), you must download, save, and/or back it up outside of your account.

(iii) You should not rely on WOCOM’s Services as a repository for retaining, storing, or backing up account data or any other data, information, or materials unless your account specifically includes call recording features, in such cases call records and audio recording data will be stored a maximum of 90 days based on the overall consumption of the virtual storage allocated to your account.

(iv) After 30 days, WOCOM may delete or purge any and all copies and versions of your stored communications and/or account data at any time, without notice, including after you delete such information or terminate the TOS or close an account.

(v) WOCOM may, at its sole discretion and option and without notice, implement reasonable limits on the size or duration of storage for account data.

5. USER SUBMISSIONS:

As a WOCOM User, you can submit audio, text, and other content to the network. You agree not to submit copyrighted or proprietary material unless you own the rights or have permission. You’re solely responsible for your submissions and affirm that you have the necessary consents and rights.

You understand that you may not use or distribute such content without specific licensing. WOCOM prohibits copyright infringement and will remove submissions that violate intellectual property rights upon proper notification. WOCOM reserves the right to remove submissions without prior notice. 

6. PAYMENT

6.1 Payment Methods:

Upon purchasing the Service, provide a valid credit card or checking account. We charge this for all Service-related fees. You must update any changes to your payment information. We may suspend your account for suspected fraud. WOCOM may charge a fee for chargebacks, except in valid disputes due to WOCOM’s error.

6.2 Taxes:

You’re responsible for applicable taxes arising from your subscription, payment, or Service use. These taxes are in addition to other charges and will be billed to your account.

6.3 Delinquent Accounts:

If you fail to pay your bill on time, WOCOM may suspend or terminate the Service without notice. All accrued charges, including Default Charges (if assessed), become immediately due.

7. LIMITATION OF WARRANTIES, LIABILITY, AND REMEDIES; INDEMNIFICATION:

We provide no warranties for the Service, except for the limited warranty on Equipment. The Service is provided “as is,” without guarantees of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee the Service’s uninterrupted, error-free, or quality performance, disclaiming any liability for content loss or failure to store/transfer data. No credits or compensation are provided for such issues. Statements by WOCOM or its representatives are informational and not warranties unless confirmed in writing. 

7.1 Limitation of Liability.

7.2.0 Liability Disclaimer:

WOCOM and its indemnities are not liable for unauthorized access, alteration, theft, damage, or destruction of data, text messages, programs, or property. They disclaim responsibility for any direct, indirect, incidental, special, punitive, or consequential damages, including lost revenue or profits, arising from this agreement or the Service, even in cases of personal injury or wrongful death.

7.2.1 Remedies for Issues:

Your exclusive remedies for service delays, mistakes, interruptions, or other disputes are those expressly set forth in this agreement. WOCOM’s maximum liability is limited to the amount you paid in the twelve months preceding the claim, except for instances involving reserved but unavailable numbers.

7.2.2 WOCOM’s Right to Act:

WOCOM may investigate and take legal action against those violating the terms, including content removal, access suspension, termination, and reporting to law enforcement.

7.2.3 Indemnification:

You agree to indemnify WOCOM and its indemnities for damages arising from this agreement or the Service, except for damages caused by WOCOM’s gross negligence or willful misconduct. This indemnification survives termination. 

8. Changes and Discontinuation:

WOCOM reserves the right to refuse or discontinue service, change or cancel the service, pricing, or this agreement at any time. Changes may be made without notice and are effective immediately upon posting on the website. It is recommended to periodically review the website.

9. Notice of Changes:

In jurisdictions requiring notice of material changes, WOCOM will notify you via email before changes become effective. Your use of the service after receiving notice constitutes acceptance of all revisions and cancellations.

10. Miscellaneous:

10.1 Entire Agreement: This agreement replaces all prior agreements and terms.

10.2 Assignment: The agreement is binding on both parties and cannot be assigned without written consent.

10.3 Waiver and Severability: WOCOM’s rights are not waived, and invalid provisions are restated or severed.

10.4 No Third-Party Beneficiaries: The agreement benefits the involved parties only.

10.5 Survival: Obligations that continue after termination survive.

10.6 Force Majeure: WOCOM is not liable for events beyond its control.

10.7 Notices: Communication is through electronic means; updates to contact information are your responsibility.

10.8 Age Verification: You acknowledge being over 18 and authorized to obtain service.