MerlinLink – Cloud Based Telephony Solutions
Quality. Features. Value.
Save up to 70% on your business phone bill and create a professional appearance that your customers will respect and enjoy when you choose our full-featured, advanced cloud business phone service.
It’s time to say goodbye to that old business phone and its expensive bills, and time to say hello to MerlinLink and all the advantages a hosted PBX can bring. Ditch the hardware you constantly need to manage and embrace the cost, time and maintenance savings of the cloud.
Merlin Communications is your trusted, reliable and experienced hosted PBX and VoIP provider, who has the experience necessary to make you sound great, while enabling your business to take advantage of the capabilities and cost savings of business quality VoIP.
Go with a provider who knows how to deliver the highest quality voice over a data network is important and finding one that’s local is the key to a successful partnership.
Go with Merlin. You’ll be happy you did.
Simple and Effective
You’ll find no shortage of providers who say they do VoIP, or providers who resell a shrink wrapped Hosted PBX software package, but buyer beware. Not all Hosted PBX and VoIP providers are alike. If they lead with “fit your business into my system,” or low prices and a narrow feature set as their value proposition, you should run scared.
Leading with quality and features before cost savings is better for your business, and is a time-tested model for success. With all that said, MerlinLink pricing is extremely competitive.
Our goal is to deliver a system that’s simple for you to set up and simple for your staff and customers to use. That’s why we back everything with superior 24×7 customer support and automatic capabilities to instantly grow your phone coverage as your team grows your business.
Make Your Business Sound Great!
When you sound great, and don’t have to think about your phone system, you can focus on more important things like growing your business. Quality of Service (QoS) is something that is easy to talk about, but very difficult and complex to deliver. While many companies talk about quality, Merlin Communications has invested in the talent and technology to deliver on the promise.
From our high-quality sound, based on a stable network and solid VoIP infrastructure, to our Voice Management Device for assuring that your data network is optimized for Hosted PBX and VoIP services, Merlin Communications is 100% focused on quality, reliability, and business continuity. Customers with multiple locations, medical offices, car dealers, consultants, wholesalers and call centers can benefit from MerlinLink Cloud Based Hosted Telephony Solutions.
Advanced Functionality at Affordable Rates
Create a customized, professional appearance that scales with you through the latest hosted phone technologies, all available at a rate today’s small businesses can afford. Improve your operations, effectiveness and customer support with technologies including:
- Voicemail and email integration
- Interoffice paging, conferencing and forwarding
- Find Me/Follow Me support to allow field representatives to be reached on their phone from your business extensions.
- Simultaneous ring to find the right person wherever they are.
- Virtual phone numbers that give you an immediate presence in new and growing markets.
Merlin Communications believes your phone system should support your business and never get in the way of business. By choosing MerlinLink, you’re setting yourself up for success and support that expands immediately and appropriately with your growth.
Your next market opportunity is waiting, and we’re here to help you take full advantage of it.
Companies with more than one office as well as mobile workers will realize even greater benefits from MerlinLink services. Eliminate the need for expensive and complex networks, hardware, and software while making it simple to connect all your offices and employees.
Now that broadband connectivity is widely available, cost effective and reliable, companies such as yours can easily and seamlessly connect all offices and employees through MerlinLink services. Each office simply gets a business class broadband connection (either through MerlinLink or another provider of choice), the quantity of handsets that are needed, and a MerlinLink Voice Management Device and everyone is connected. Best of all, manage all offices and users through a standard web browser or mobile device such laptop or smart phone. Gone are the days of complex MPLS circuits and costly networking equipment and licensing.
With MerlinLink, each mobile employee simply needs a broadband access (DSL, Cable, or FIOS), and they become connected to your corporate phone system (PBX). Just plug in your MerlinLink phone via Ethernet to their high speed home network, and start making calls.
Allow your business to take advantage of the growing mobile workforce and global professionals who now provide work in local markets. You can choose from the best the world has to offer, giving them a phone system that makes them sound like they’re in the next room.
Keep Your Numbers
Another major advantage of MerlinLink Hosted PBX and VoIP services is that when you move your office, you get to keep your numbers. Really! The big old telephone companies will force you to switch numbers if you move a block away, but with today’s advanced VoIP technology, you get to keep your business phone number forever…no matter where you go in the United States.
Most of our customers have a vested interest in their existing phone numbers. To avoid reprinting business cards, letterhead and marketing materials, and to avoid having to notify customers and business partners of a phone number change, MerlinLink will accommodate porting (moving) your number to our service.
Local Number Port – We Handle Everything
Keep your existing phone number(s), and we will move them to your new MerlinLink service. We just ask you to fill out a form, and send us a copy of your latest invoice, and we do the rest.
Your phones can follow you wherever you go but ensure you always present a local face. Customers connect to local numbers and companies they trust, and MerlinLink will help you out with both.
Direct Inward Dial (DID)
MerlinLink also offers your business the option of having unique Direct Inward Dial (DIDs) numbers for each user, just specific users, or you can have one published number that your customers call and provide a unique phone extension for each of your users and departments. MerlinLink also enables you to control the number that your customers see when you call (“caller ID”).
Business Continuity Benefits
Hosted PBX and VoIP – It’s Just Better Business
MerlinLink services offer you more continuity options compared to traditional telecommunications solutions and providers. Our business continuity services offer your organization the ability to function even after a disastrous event. This is accomplished through the deployment of redundant hardware and software, the use of fault tolerant systems, as well as a solid backup and recovery strategy based on industry best practices.
Adoption rates for cloud communications are increasing exponentially as businesses of every size recognize the simplicity that this platform brings to their communications network – and the significant savings to their bottom line.
Not all providers are the same. The features and the pricing vary as does the technical assistance. A lot of companies will ship you a box of phones and installation instructions. Merlin Communications will have a technician onsite to set up your system and do user training. This makes a huge difference in the ultimate quality of your service.
Here are the benefits of MerlinLink as compared to a physical phone system in your office.
- No large capital expenditure. Costs are monthly and replace your existing phone bill. The only purchase is the phones that you need and possibly a network switch if a suitable one is not already in place.
- Lower Total Cost of Ownership (TCO). There is no software or processor to maintain. No problems with lightning or failed cards. No maintenance agreement costs. No concerns with staying at a current software level.
- Disaster Recovery. Since the infrastructure is not on your site, your service will continue even if a physical disaster hits. Cell phones can be integrated and voice mail will always answer – even in a total outage.
- No worries about outgrowing your phone system or having to purchase large upgrades to accommodate growth. Not sure you have enough lines? MerlinLink can accommodate a larger call volume on an as-needed basis.
- Future-proofing: New features are available as they are introduced and can be instantly available to you.
- Unified Communications is part of the package. Remote locations, cell phones, tablets, home offices – they all operate as part of one system creating a true benefit for your staff and your valued customers.
- Wide choice of phones available including audio conferencing phones.
- Long Distance in the US and Canada
A Few Business Continuity Benefits:
While there are many benefits to our services, here are just a few to help during your review of our services:
- MerlinLink servers are centrally managed at highly redundant facilities. Just as important, you can simply move your phones to a new location with connectivity, and you are back in business.
- Automatic re-routing of calls in the event of an outage. Your MerlinLink service offers the ability to have your calls automatically re-routed in the event of local service outage. That means you remain in contact with your customers.
- Redundant connectivity options are available for mission critical voice communications. MerlinLink customers can implement a number of proven solutions such as redundant broadband connections and redundant provider solutions to assure maximum uptime and voice communications.
Merlin Link is focused on providing safe and reliable means of communication in times of emergency. Your safety is important to us, and it is important for us to note that MerlinLink 911 dialing feature must be activated. To activate 911 dialing, you’ll have to provide us with certain information prior to the activation of your services. Some of the information required is your street address, city, state, and zip code. If you are an existing customer, you will be able to activate or update 911 dialing from your web account.
Once your address has been verified, you will be able to dial 911 from your MerlinLink phone. Verification may take up to 48 hours or longer, and you will be notified by e-mail when it is complete.
MerlinLink 911 is different
There are some differences between MerlinLink 911 dialing and traditional 911 service. MerlinLink 911 on MerlinLink is also different from Enhanced 911 (E-911) service provided by landline operators in that the operator at the Public Safety Answering Point (PSAP) may not have your address or call-back information. When you call 911 from a MerlinLink phone, you will need to give the emergency services operator your address so they can send help. MerlinLink will offer E-911 in all our servicing areas soon. Broadband and power outages can also prevent 911 Dialing.
Travelling with 911
Unlike traditional phone lines, you can easily move your MerlinLink phone to any broadband connection and make calls. For 911, we use the address you provide to determine the nearest emergency response center and then we send your call to that center.
When you move or travel with your physical MerlinLink device (phone or adapter), you must update your new location in advance. We will notify you via email confirming that your service is activated for 911 Dialing. Please note that updates are not immediate and it can take hours or even a few days for your address information to be verified and for your new settings to take effect.
MerlinLink Softphone and 911
911 dialing is not available from any MerlinLink softphone. 911 dialing is only available from a MerlinLink physical device (phone or adapter) that has been properly registered with a physical address as per the Terms of Service.
Service Outages Can Prevent 911 Dialing
911 Dialing and MerlinLink service do not function during an electrical power or broadband provider outage. Please see our Terms of Service for more information about our 911 Dialing feature.
Meeting Your Business Needs
We understand that your business needs a comprehensive phone system to compete in today’s business environment. With MerlinLink, you don’t have to compromise, and in most instances we can provide several alternative solutions. Below are features that are available with all MerlinLink. In addition to these features, each customer may configure or personalize their phone system to meet specific business requirements. NOTE: Additional features may be available that are not listed on this page. Please call us if there is a feature of interest that is not listed below.
Feature List Introduction
The MerlinLink Hosted PBX and Business VoIP Features List is intended to provide MerlinLink customers and partners with a comprehensive list of features available from MerlinLink.
Category: MerlinLink Hosted PBX Features
Feature Group: Auto Attendants
|Customer Portal||Web based user interface that allows users to configure their PBX, create call queues and groups, view call detail records and billing information, listen to and delete your voicemail, upload music on hold||S|
|Top Level Auto Attendant (Always On)||Allows callers to select from menu options using a standard telephone keypad. Through the portal interface, calls can be routed to extensions, mailboxes, groups, conference rooms, call queues, or unlimited depths of additional auto attendants||S|
|Multiple Top Level Auto Attendants (Always on)||Allows for separate telephone numbers to be routed to unique Top Level Auto Attendants. Each Auto Attendant is configurable individually.||S|
|Top Level Auto Attendant (Time Based)||Available after N rings or based on time of day||S|
|Sub-Level Auto Attendants||Sub-Level Auto Attendants are often used for different departments within an organization. For instance, you may have a main Auto Attendant for the company, and then a sub-level Auto Attendant for Sales, Support, etc…||S|
Feature Group: Call Management
|Auto Attendant Answering||Setup a telephone number to dial directly to an Auto Attendant. Callers are then presented with predefined options via the Auto Attendant Feature.||S|
|Live Person Answering||Setup a telephone number to ring a specific extension first, or a group to enable sequential or simultaneous rings. This enables your company to have a live person answer the caller, and not an auto attendant.||S|
|Direct Inward Dialing||Setup a telephone number to dial directly to a device or extension.||S|
|2, 3, or 4 (or More) Digit Extension Dialing||Your MerlinLink Hosted PBX can support 2, 3, 4 or more digit extension dialing.||S|
|Caller ID||Customize the appearance of your outgoing Caller ID by outgoing number or by extension||S|
|Voicemail||Associate a voicemail box with an extension, or use an announce-only voicemail box to provide customers with a pre-recorded message when they choose an option on an auto attendant or extension.||S|
|Voicemail to Email||After a voicemail is received, the MerlinLink PBX will send an email to any valid email account or alias that you enter into the MerlinLink Portal. The message will include the date and time of the call, as well as the duration, caller ID if provided, the mail box number, and an attached WAV file that can be played on your PC or mobile device (ie/ smartphone or PDA capable of playing WAV files).||S|
|Voicemail to Text Message||Don’t have a smartphone or PDA capable of playing WAV files? Enter an SMS address in the MerlinLink Portal and the MerlinLink PBX will send a shorter text message to your device. 3rd party text messaging rates may apply.||S|
|Ring Groups||Enables multiple extensions to be joined as a group, and then calls may be routed sequentially or simultaneously to that group.||S|
|Find Me (CoreDial Digital Assistant)||Setup a personal assistant to “find you” at up to five (5) locations. This feature is configured per extension, and offers an extensive number of options to route calls once they have reached the given extension. Callers are asked to “announce themselves”, and are offered the option between locations to try the next location, or to leave a message.||S|
|Call Hold||Place calls on hold, and play music or a commercial on hold.||S|
|Attended Transfer||Transfer a call to an extension, group, or phone number AFTER announcing the party being transferred.||S|
|Unattended Transfer (Blind Transfer)||Transfer a call to another extension, group, or phone number WITHOUT announcing the party being transferred.||S|
|Call Forwarding||Forward calls via the MerlinLink Portal, or via your device or SoftPhone. Calls may be forwarded to any extension or phone number. Device or SoftPhone forwarding functionality may vary by manufacturer.||S|
|No Answer Call Forwarding||Automatically forwards your calls to an extension, group, or phone number when you do not answer your phone.||S|
|Busy Call Forwarding||Automatically forwards your calls to an extension, group, phone number when your phone is busy.||S|
|Incoming Call Blocking||“Black list” phone numbers to block them from calling your PBX.||S|
|Incoming Privacy Screening||Force callers with “no caller ID” or “blocked caller ID” to enter a number that will be presented as their caller ID.||S|
|Incoming Caller ID Routing||Route calls from a unique DID or phone number to any auto attendant, extension, group, phone number, or ACD or Call Queue.||C|
|Incoming DID Routing||Route calls based on the number that was dialed. Calls may be routed to an auto attendant, extension, group, phone number, or ACD or Call Queue.||S|
|Outgoing Call Blocking||Prevent calls to specific numbers or services (ex: 900 calls)||S|
|Incoming Call Identification||Identify an incoming call on the phone’s LCD display by modifying the Caller ID display indicating how the call was routed.||C|
|One Button Redial||A device or SoftPhone feature that redials the last number dialed by the extension user. Not all phones support this feature.||S|
|Do-not-disturb (DND)||A device or SoftPhone feature that simulates a phone being off-hook, sending calls received directly into voicemail. Other routing options are also available.||S|
|Call Waiting Indicator||Indicates incoming call (and caller ID, if available) while another call is in process.||S|
|Automatic Call Distribution (ACD)||Used to route calls in a call center environment to the appropriate agents, based on factors such as time availability, behavior, and priority levels.||P|
|Call Queue||Call queues are used to route calls in a first-in-first-out manner to the appropriate extension or group. These extensions can be agents logged into the system. Call Queues are commonly used with an ACD, where the callers hear an announcement that says something like “thank you for calling, all available agents are busy, please hold for the next available agent, or press N to leave a message”. When the call is ready to be routed, the ACD handles the routing rules.||P|
|Call routing based on business hours, after hours & holiday hours||Allows routing decisions based on time and date. Multiple schedules can be configured, as in the case of departments with different hours of operation.||S|
|Speed Dial||A device or SoftPhone feature that automates the dialing of a pre-determined phone number.||S|
|Company Wide Directory||A list of contacts and phone numbers that are uploaded via the MerlinLink Portal, and are made available on an IP phone or SoftPhone.||C|
|Forward your calls Locally or Remotely via Phone or Web||Call forwarding is easy to setup and manage.||S|
|Caller ID Blocking||Disable Caller-id for all outbound calls made from your PBX.||C|
|Call Recording||Selectively record calls for training or documentation purposes.||C|
|DISA (Direct Inward System Access)||Allows someone from outside the PBX to obtain a dial tone and to place calls from it as if they were placing a call from within the switch (with password protection)||C|
|Office Intercom||Dial another user’s extension, activating their phone speaker to make an announcement||C|
|Disable Outbound Dialing||Disable Outbound Dialing on certain extensions only||C|
Feature Group: Call Conferencing
|3-way Conference Call||After making or receiving a call, a user may conference in any third party for a 3-way call.||S|
|Conference Bridge||Multiple on-site and outside callers can simultaneously participate in password protected conference calls. Callers can be assigned talk-listen or listen only access.||S|
Feature Group: Music on Hold
|Default Music On Hold||Royalty free music provided by MerlinLink||S|
|Custom Music On Hold||Music provided by Customer, and uploaded through the Customer Portal||S|
|Commercial On Hold||Record your commercial and upload it to your PBX via the MerlinLink Portal.||S|
|Commercial On Hold By Location or Queue||Multiple commercials on hold may be uploaded to your MerlinLink PBX, and can be unique based on location or queue.||C|
Feature Group: Reporting
|Call Detail Records||Real-time call logging is available via the portal. From, to, call duration, date and time, and call type (International, On-Net, etc). In addition, frequently called numbers can ‘tagged’ with text descriptions for legibility.||S|
|Call volume graphs by time of day, month, year or custom dates||Histograms graphically display calling patterns and trends||S|
|Call traffic by extension||Track number of calls by individual||S|
|Detailed Accounting||Track orders, invoices and all CoreDial billings online.||S|
Category: MerlinLink Business VoIP Features
Feature Group: Origination and Termination
|FREE Calls to other CoreDial Voice subscribers||All calls “on-net” are FREE. That means you will not be billed for any call to another user on your CoreDial PBX, or any other CoreDial customer.||S|
|Domestic Origination||CoreDial provides local phone numbers or DIDs in most of the LATAs in the United States. That means that we can port your local phone number to our system, and provide your company with the highest quality voice communications and flexibility of Voice Over IP (VoIP).||S|
|Domestic Termination||CoreDial provides competitive outbound call packages ranging from pay-as-you-go, pre-paid minutes, and unlimited usage plans. Our per-minute rate is competitive, and our quality and reliability is uncompromising.||S|
|International Termination||CoreDial offers competitive international rates. International rates are available via the CoreDial website.||S|
|SIP Trunking||Have your own PBX, and want to realize the flexibility and cost savings of business-quality VoIP? CoreDial offers ATA and SIP Gateway devices, or you can connect your SIP enabled PBX to our network and realize the benefits of CoreDial VoIP.||S|
|E911 support, compliant with all FCC mandates.||Every location and phone number where you utilize a CoreDial device or SoftPhone must have an associated E911 charge and entry in the CoreDial Web Portal. The phone number associated with your location is then registered with the national E911 database. You are also responsible to update this information with CoreDial if you move any device to a new location per the CoreDial Terms of Service.||S|
|Toll Free Numbers||Utilize one or multiple Toll Free numbers which may be routed to a specific local DID, auto attendant, group or queue.||S|
Category: Voice Management Device (VMD)
Feature Group: Voice Management Device
|LAN Segmentation||Separate voice and data on a customer Local Area Network (LAN).||S|
|VoIP Firewall||Firewall the VoIP network.||S|
|DHCP for VoIP Devices||Provide the IP addresses for all CoreDial VoIP devices.||S|
|Data Bridge||The data side of the network is passed through the CoreDial VMD.||S|
|Rate Limiting||Traffic on your broadband connection may be managed to control the allocation of bandwidth for voice and data. This model protects the amount of bandwidth available for voice, and assures that heavy data usage will not interfere with your voice quality. Rate limitations may be changed at any time as needed.||S|
|Diagnostics||The CoreDial VMD has diagnostics that our support Agents may utilize to diagnose any issues you might have.||S|
|Configuration Management||Each VMD may be configured to meet the requirements of your environment.||S|
MerlinLink – Cloud Based Phone System with HD Voice
Three Easy Steps To Get Started
1-How many telephone lines/call paths do you need: $35.00 each per month/one time set up fee $30.00 per line
The number of telephone lines is based on the number of simultaneous calls to and from your business that are needed.
2-How Many Extensions/Users: The actual number of users with extensions that will be needed. $20 per extension/user per month with a one time set up fee of $19.95 each
MerlinLink standard features
- Extension Number
- Free calling in network
- Voice Mail messages sent to user Email
- One Hunt Group
- Call Waiting
- Call Hold/Transfer
- Voice Mail Box for each extension
3-Add on Features*:
- A Local Number (DID) – used to send calls directly to an extension or Group
- Auto Attendant – to direct calls to departments or groups of extensions
- Remote office worker – work from home or other location
- Softtphone – an app that can be used to turn laptop or PC into a phone, one per user
- Call Park Feature – enables a held call to be picked up from any phone including remote users
- Conference Bridges – hold conferences with multiple parties
- Burtsable Call paths – can add up to (10) additional concurrent calls to system
- An 800 toll free number
- Music on Hold
*Prices vary per feature.
All state and local taxes to be determined at time of sale.
Ultra-elegant Gigabit IP Phone
The SIP-T48G is Yealink’s most recent innovative IP Phone for a fast-changing world. Designed specifically for both local and international use by business, industry and commerce, it incorporates a large touch panel that makes switching between different screens and applications swift, easy and convenient. Yealink’s Optima HD technology very carefully creates the impression that you are sitting virtually face-to-face opposite the person at the other end of the call. The T48G is also built for the Gigabit Ethernet and facilitates very rapid call handling and the application of accessories such as a Bluetooth USB Dongle, plus wired and wireless headsets. The new IP Phone supports up to 16 SIP accounts and impressive productivity-enhancing features which make it the natural and obvious efficiency tool for today’s busy executives and professionals.
Ultra-elegant Gigabit IP Phone
The SIP-T46G is Yealink latest revolutionary IP Phone for executive users and busy professionals. New designs appears the commerce, with highresolution TFT color display, delivering a rich visual experience. Yealink Optima HD technology enables rich, clear, life-like voice communications. Supports Gigabit Ethernet, a variety of device connections, including EHS headset and USB. With programmable keys, the IP Phone supports up to 16 SIP accounts with vast productivity-enhancing features.
Ultra-elegant Gigabit IP Phone
The SIP-T42G is a feature-rich sip phone for business. The 12-Line IP Phone has been designed by pursuing ease of use in even the tiniest details. Delivering a superb sound quality as well as rich visual experience. Supports seamless migration to GigE-based network infrastructure. With programmable Keys, the IP Phone supports vast productivity-enhancing features. Using standard encryption protocols to perform highly secure remote provisioning and software upgrades.
Ultra-elegant IP Phone
The SIP-T41P is a feature-rich sip phone for business. The 6-Line IP Phone has been designed by pursuing ease of use in even the tiniest details. Delivering a superb sound quality as well as rich visual experience. With programmable Keys, the IP Phone supports vast productivity-enhancing features. Using standard encryption protocols to perform highly secure remote provisioning and software upgrades.
Business HD Wireless IP Dect Phone
The next generation Yealink W52P is a SIP Cordless Phone System designed specifically for small businesses and SOHO operations in the market for cost-saving, scalable SIP-based mobile communication systems. The epitome of everything we’ve learned over the past decade about designing extremely powerful yet delicate business IP phones, W52P carries forward Yealink’s eternal pursuit of cutting-edge VoIP technology, featuring supreme quality under the strictest testing and the highest level of operation simplicity. Yealink W52P won’t just fulfill all your cordless phone needs; it’ll make every day calling an outright pleasant, engaging experience.
SIP Audio Conference IP Phone with HD Voice
The Yealink CP860 IP conference phone is a perfect choice for small and medium-sized conference room and can meet the demands of up to 16 people with optional expansion microphones. The CP860 provides many important audio features including optima HD technology, a build-in 3 microphone array, full-duplex technology and acoustic echo cancelling. This means that all users can enjoy rich, clear and life-like conference calls. The Yealink CP860 also supports call recording, plus linkages to mobile phones or PCs for a more convenient conference call experience. The expansion microphones are sold separately.
Terms of Service
These Terms of Service constitute the agreement (“Agreement”) between Merlin Communications, Inc. (“we,” “us” or “Merlin Communications, Inc.”) and the user (“you,” “user”, “Customer” or “Subscriber”) of Merlin Communication’s business services and any related products or services (“Service”).
This Agreement governs both the Service and any devices, such as an IP phone, Multimedia Terminal Adapter, Analog Telephone Adapter, switch, router or any other IP connection device (“Device” or “Equipment”), used in conjunction with the Service. If you purchased Equipment from a dealer, retail store or other provider other than Merlin Communications, Inc., you are a “Retail Customer” for purposes of this Agreement.
BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ, UNDERSTAND AND FULLY ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT.
- EMERGENCY SERVICES – 911 DIALING
1.1 Non-Availability of Traditional 911 or E911 Dialing Service. The Service does not support traditional 911 or E911 access to emergency services in all locations. Where we do not offer traditional 911 or E911 access, we offer a feature known as “911 Dialing” which is a limited emergency calling service available only on Merlin Communications -certified Devices or Equipment. The 911 Dialing feature may not work at all when used in conjunction with a Soft Phone, Virtual Numbers or Subscriber provided Customer Premise Equipment. Our 911 Dialing feature is not automatic; you must separately take affirmative steps, as described in this Agreement and on our website, to register the address where you will use the Services in order to activate the 911 Dialing feature. You must do this for each Merlin Communications, Inc. phone number that you obtain. The 911 Dialing feature of the Service is different in a number of important ways from traditional 911 or E911 service as described on our website page for 911 Dialing under “Features,” and below. You shall inform any household residents, guests and other third persons who may be present at the physical location where you utilize the Service of (i) the non-availability of traditional 911 or E911, and (ii) the important differences in and limitations of the Merlin Communications, Inc. 911 Dialing feature as compared with traditional 911 or E911 dialing. The documentation that accompanies each Device that you purchase should include a sticker concerning the potential non-availability of traditional 911 or E911 dialing (the “911 Sticker”). It is your responsibility, in accordance with the instructions that accompany each Device, to place the 911 Sticker on each Device that you use with the Service. If you did not receive a 911 Sticker with your Device, or you require additional 911 Stickers, please contact our customer care department.
1.2 Registration of Physical Location Required. For each phone number that you use for the Service, you must register with Merlin Communications, Inc. the physical location where you will be using the Service with that phone number. When you move the Device to another location, you must register your new location. If you do not register your new location, any call you make using the 911 Dialing feature may be sent to an emergency center near your old address. You will register your initial location of use when you subscribe to the Service. Thereafter, you may register a new location by following the instructions from the “911″ registration link on your Merlin Communications, Inc. web account dashboard features page. For purposes of the 911 Dialing feature, you may only register one location at a time for each phone line you use with the Service.
1.3 Confirmation of Activation Required. Your 911 Dialing feature will not be activated for any phone line that you are using with the Service, unless and until you receive an email from us confirming that the 911 Dialing feature has been activated for that phone line.
1.4 How Emergency Personnel are contacted. We contract with a third party to use the address of your registered location to determine the nearest emergency response center and then forward your call to a general number at that center. When the center receives your call, the operator will not have your address and may not have your phone number. You must therefore provide your address and phone number in order to get help. Some local emergency response centers may decide not to have their general numbers answered by live operators 24 hours a day. If we learn that this is the case, we will send your call instead to a national emergency calling center and a trained agent will contact an emergency center near you to dispatch help. You hereby authorize us to disclose your name and address to third-party service providers, including, without limitation, call routers, call centers and public service answering points, for the purpose of dispatching emergency services personnel to your registered location.
1.5 Service Outages. (a) Service Outages Due to Power Failure or Disruption. 911 Dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service, including 911 Dialing.
(b) Service Outages Due to Internet Outage or Suspension or Termination of Broadband Service or ISP Service. Service outages or suspensions or terminations of service by your broadband provider or ISP will prevent all Service, including 911 Dialing, from functioning. (c) Service Outage Due to Suspension or Termination of your Merlin Communications, Inc. account. Service outages due to suspension or termination of your account will prevent all Service, including 911 Dialing, from functioning.
(d) Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. Your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service.
In that event, provided that you alert us to this situation, we will attempt to work with you to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service, including the 911 Dialing feature, may not function. You acknowledge that Merlin Communications, Inc. is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of service, including 911 Dialing, which may result. In the event you lose service as a result of blocking of ports or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you terminate the Service in accordance with this Agreement.
(e) Other Service Outages. If there is a Service outage for any reason, such outage will prevent all Service, including 911 Dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement. 1.6 Re-Activation Required if You Change Your Number or Add or Port New Numbers. 911 Dialing does not function if you change your phone number or if you add or port new phone numbers to your account, unless and until you successfully register your location of use for each changed, newly added or newly ported phone number.
1.7 Network Congestion; Reduced Speed for Routing or Answering 911 Dialing Calls. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made utilizing the Service as compared to traditional 911 dialing over traditional public telephone networks.
1.8 Possible Lack of Automatic Number Identification. It may or may not be possible for the local emergency personnel to automatically obtain your phone number when you use 911 Dialing. Our system is configured to send the automatic number identification information; however, one or more telephone companies, not us, route the traffic to the emergency response center and that center may not be capable of receiving and passing on that information. As a result, the operator who answers your 911 Dialing call may not be able to automatically obtain your phone number and call you back if the call is not completed or is not forwarded, is dropped or disconnected, if you are unable to speak to tell the operator your phone number, or if the Service is not operational for any reason.
1.9 No Automated Location Identification. In most service areas, it is not possible at this time to transmit to the local emergency response center the address that you registered for 911 Dialing. You will need to state the nature of your emergency promptly and clearly, including your location (and possibly your telephone number), as the operator will not have this information. Emergency personnel will not be able to find your location if the call is not completed or is not forwarded, is dropped or disconnected, if you are unable to speak to tell the operator your location, or if the Service is not operational for any reason.
1.10 Disclaimer of Liability and Indemnification. We do not have any control over whether, or the manner in which, calls using our 911 Dialing service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither Merlin Communications, Inc. nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 911 Dialing service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless Merlin Communications, Inc., its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel.
1.11 Alternate 911 Arrangements. If you are not comfortable with the limitations of the 911 Dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or terminating the Service.
2.1 Term. Service is offered on a monthly or multi-month basis as is determined in your Service activation or order form, or via our online ordering process. The term begins on the date that Merlin Communications, Inc. activates your Service and ends on the day before the anniversary date of your Term. Subsequent terms of this Agreement automatically renew on a monthly basis unless you give us written notice of non-renewal at least ten (10) days before the end of the monthly term 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, plus a termination fee, if applicable, all of which will immediately become due and payable. You will also be responsible for the next full month’s charges in the event that you do not provide the requisite ten days notice of termination prior to the expiration of the then-current term. Expiration of the term or termination of Service will not excuse you from paying all accrued and unpaid charges due under this Agreement.
2.2 Intentionally left blank
2.3 Use of Service and Merlin Communications, Inc. provided Device. You shall not resell or transfer the Service or the Device to another party without our prior written consent. You are prohibited from using the Service or the Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting.
We reserve the right to immediately terminate or modify your Service if we determine, in our sole and absolute discretion, that you have at any time used the Service or the Device for any of the aforementioned or similar activities.
2.4 Use of Service only. For Service only customers, you are responsible for supplying, operating and supporting the Customer Premise Equipment for use with the Service. In addition, any customer-supplied equipment must be pre-approved by Merlin Communications, Inc. in writing. You shall not resell or transfer the Service to another party without our prior written consent. You are prohibited from using the Service for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately terminate or modify your Service if we determine, in our sole and absolute discretion, that you have at any time used the Service for any of the aforementioned or similar activities.
2.5 Prohibited Uses.
(a) Unlawful. You shall use the Service and the Device only for lawful purposes. We reserve the right to immediately terminate your Service if, in our sole and absolute discretion, we determine that you have used the Service or the Device for an unlawful purpose. In the event of such termination, you will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If we believe that you have used the Service or the Device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, Merlin Communications, Inc. will provide information in response to law enforcement requests, subpoenas, court orders, to protect it’s rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others.
(b) Inappropriate Conduct. You shall not use the Service or the Device in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or any similar behavior. We reserve the right to immediately terminate your Service if, in our sole and absolute discretion, we determine that you have used the Service or the Device in any of the aforementioned ways. In the event of such termination, you will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If we believe that you have used the Service or the Device in any of the aforementioned ways, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, Merlin Communications, Inc. will provide information in response to law enforcement requests, subpoenas, court orders, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others
2.6 Use of Service and Device by Customers Outside the United States. Although we encourage you to use of the Service to place calls to foreign countries from within the United States, we do not presently offer or support the Service in any countries other than the United States and Canada. If you use the Service or the Device outside of the United States or Canada, you will be solely responsible for any violations of local laws and regulations resulting from such use. We reserve the right to terminate your Service immediately if we determine, in our sole and absolute discretion, that you have used the Service or the Device outside of the United States or Canada.
2.7 Copyright; Trademark; Unauthorized Usage of Device; Firmware or Software.
(a) Copyright; Trademark. The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on our websites are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All of our websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively “marks”) are and will at all times remain our exclusive property. Nothing in this Agreement grants you the right or license to use any of our marks.
(b) Unauthorized Usage of Device; Firmware or Software. You have not been granted any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. You expressly agree that the Device is exclusively for use in connection with the Service and that we will not provide any passwords, codes or other information or assistance that would enable you to use the Device for any other purpose. We reserve the right to prohibit the use of any interface device that we have not provided to you. You hereby represent and warrant that you possess all required rights, including software and/or firmware licenses, to use any interface device that we have not provided to you. In addition, you shall indemnify and hold us harmless against any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
2.8 Tampering with the Device or Service. You shall not change the electronic serial number or equipment identifier of the Device or to perform a factory reset of the Device without our prior written consent. We reserve the right to terminate your Service if we believe, in our sole and absolute discretion, that you have tampered with the Device. In the event of such termination, you will remain responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will immediately become due and payable. You shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.
2.9 Theft of Service. You shall notify us immediately, in writing or by calling our customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft, fraudulent use or unauthorized use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as we receive notice of the theft, fraudulent use or unauthorized use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen, fraudulent or unauthorized use of the Service.
2.10 Return of Device (Does Not Apply to Customers who use Devices not provided by Merlin Communications, Inc. directly)
(a) Retail Customers. A Retail Customer may only return the Device to the retail store, dealer or other provider from which the Retail Customer purchased the Device. All returns will be subject to the return policy of such retail store, dealer or other provider. We will not accept any Device returned to us from a Retail Customer.
(b) Non-Retail Customers. Non-Retail Customers may return the Device to us within fourteen (14) days of the termination of Service to receive a credit for any termination fee (See Section 3.6) provided that:
* the Service is terminated within the first thirty (30) days following the activation of the Service;
* the Device is in original condition, reasonable wear and tear excluded;
* the original proof of purchase are returned with the Device, together with the original packaging, all parts, accessories, and documentation;
* you pay all costs of shipping the Device back to us.
If you disconnect multiple lines, we will issue you a credit for all termination fees upon receipt of all Devices in accordance with the requirements set forth above.
2.11 Number Transfer on Service Termination. Upon the termination of your Service, we may, in our sole and absolute discretion, release to your new service provider the telephone number that you ported (transferred or moved over) to us from your previous service provider and used in connection with your Service if:
* as such new service provider is able to accept such number;
* your account has been properly terminated;
* your account is completely current, including payment for all charges and applicable termination fees; and
* you request the transfer upon terminating your account.
2.12 Service Distinctions. The Service is not a telecommunications service and we provide it on a best efforts basis. Important distinctions exist between telecommunications service and the Service offering that we provide. The Service is subject to different regulatory treatment than telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.
2.13 Ownership and Risk of Loss. You will own the Device and bear all risk of loss of, theft of, casualty to or damage to the Device, from the time it is shipped to you until the time (if any) when it is returned to us in accordance with this Agreement.
2.14 No 0+ or Operator Assisted Calling; May Not Support x11 Calling. The Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls or calling card calls). The Service may not support 311, 511 and/or other x11 (other than certain specified dialing such as 911 and 411, which are provided for elsewhere in this Agreement) services in one or more (or all) service areas.
2.15 No Directory Listing. The phone numbers you obtain from us will not be listed in any telephone directories. Phone numbers transferred from your local phone company may be listed. As a result, someone with your phone number may not be able to utilize a reverse directory to lookup your address.
2.16 Incompatibility With Other Services.
(a) Security Systems. The Service may not be compatible with security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the Service.
(b) Certain Broadband and Cable Modem Services. You acknowledge that the Service presently may not be compatible with some broadband services. You further acknowledge that some providers of broadband service may provide modems that prevent the transmission of communications using the Service. We do not warrant that the Services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of the Service with any particular broadband service.
- CHARGES; PAYMENTS; TAXES; TERMINATION
3.1 Billing. When the service is activated, you must provide us with a valid email address and a credit or debit card number from a card issuer that we accept. We reserve the right to stop accepting credit or debit cards from one or more issuers. If your credit or debit card expires, you close your account, your billing address changes, or your credit or debit card is canceled and replaced on account of loss or theft, and you must advise us at once. We will bill all charges, applicable taxes and surcharges monthly in advance (except for usage- based charges, which will be billed monthly in arrears, and any other charges which we decide to bill in arrears) to your credit or debit card, including but not limited to:
* activation fees;
* monthly Service fees;
* international usage charges;
* advanced feature charges;
* equipment purchases;
* termination fees; and
* shipping and handling charges.
Notification of monthly invoices will be sent to you via your email address on file with us. We reserve the right to bill at more frequent intervals if the amount you owe to us at any time exceeds $250. Any usage charges will be billed in increments that are rounded up to the nearest minute except as otherwise set forth in the rate schedules found on our website.
3.2 Billing Disputes. You must notify us in writing within seven days after receiving your credit or debit card statement if you dispute any Merlin Communications, Inc. charges on that statement or you will be deemed to have waived any right to contest such charges. All notices of disputed charges should be sent to:
Customer Care Billing Department
Merlin Communications, Inc.
18E South 7th Street Akron, PA 17501 firstname.lastname@example.org
3.3 Payment and Collection.
(a) Payment. We only accept payment by credit or debit card, unless other payment terms have been explicitly agreed to in writing by Merlin Communications, Inc. Your subscription to the Service authorizes us to charge your credit or debit card. This authorization will remain valid until 30 days after we receive written notice from you terminating our authority to charge your credit or debit card, whereupon we will charge your credit or debit card for the termination fee, if applicable, and any other outstanding charges and terminate you Service. We may terminate your Service at any time in our sole and absolute discretion if any charge to your credit or debit card is declined or reversed, your credit or debit card expires and you have not provided us with a valid replacement credit or debit card or in case of any other non-payment of account charges.
(b) Collection. If your Service is terminated, you will remain fully liable to us for all charges pursuant to this Agreement and any and all costs we incur to collect such amounts, including, without limitation, collection costs and attorney’s fees.
3.4 Termination; Discontinuance of Service. We reserve the right to suspend or discontinue the Service generally, or to terminate your Service, at any time in our sole and absolute discretion. If we discontinue the Service generally, or terminate your Service 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 on account of your breach of any provision of this Agreement, you will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus the termination fee, if applicable, all of which will immediately become due and payable.
3.5 Taxes. You are responsible for all applicable federal, state, provincial, 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 your 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 credit card as set forth in this Agreement. If you are exempt from payment of such taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such certificate.
3.6 Termination Fee. You may be charged a termination fee specified per phone number or device, and the FULL RETAIL PRICE for each Device supplied by Merlin Communications, Inc if your Service is terminated for any reason during the Term following the activation of your Service.
3.7 Money Back Guarantee; Limitations and Conditions.
(a) Money Back Guarantee. We offer Business subscribers a 30-day money back guarantee from the date of activation of Service. The money back guarantee applies only to the first- ordered service package, not to additional or secondary orders. We will refund the activation fee and monthly charge for first month of Service provided that:
* you have not exceeded 2500 minutes of usage; and
* you cancel your Service within the 30-day period.
Federal excise taxes and any other applicable taxes cannot be refunded. You will remain responsible for any charges for usage fees including but not limited to local or international usage, calls to Merlin Communications, Inc. toll free numbers and directory assistance. We reserve the right to terminate or revoke this money back guarantee at any time, without prior notice.
3.8 Payphone Charges. If you use our “Toll Free” feature or any toll free feature that we offer in the future, we will be entitled to recover from you any charges imposed on us either directly or indirectly in connection with toll free calls made to your number. We may recover these amounts by means of a per-call charge, rounded up to the next cent, or in such other fashion, as we deem appropriate for the recovery of these costs.
3.9 Charges for Directory Calls (411). We will charge you a specified for each call made to
Merlin Communications, Inc. directory assistance.
3.10 Charges for Conference Bridge Calls. We will charge you per minute for each caller who calls into your conference bride. Your Conference Bridge per minute usage fee will be the lower of (i) 3.9 cents per minute, or (ii) the per minute Conference Bridge usage fee determined in your Service Activation Form or online order form. Per minute usage fees will be calculated based on all participants on the conference bridge, including on-network and off-network participants.
- LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTIES
4.1 Limitation of Liability. We will 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:
* an act or omission of an underlying carrier, service provider, vendor or other third party;
* equipment, network or facility failure;
* equipment, network or facility upgrade or modification;
* force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions;
* equipment, network or facility shortage;
* equipment or facility relocation;
* service, equipment, network or facility failure caused by the loss of power to you;
* outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of the Service caused by any third party;
* any act or omission by you or any person using the Service or Device provided to you; or
* any other cause that is beyond our control, including, without limitation, a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 Dialing) to be connected or completed, or forwarded.
Our aggregate liability under this agreement will in no event exceed the Service charges with respect to the affected time period.
4.2 Disclaimer of Liability for Damages. IN NO EVENT WILL Merlin Communications, Inc., ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
4.3 Indemnification and Survival.
(a) Indemnification. You shall defend, indemnify, and hold harmless Merlin
Communications, Inc., its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of the Service, relating to the Services, including, without limitation, 911 Dialing, or the Device.
(b) Survival. The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.
4.4 No Warranties on Service. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON- INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE OR DEVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, AND DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER MERLIN COMMUNICATIONS, INC. NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES DEVICES, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR 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 [SP] ’S OR ITS SERVICE PROVIDER’S OR VENDORS’ NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY Merlin Communications, Inc. OR Merlin Communications, Inc.’s AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
4.5 Device Warranties.
(a) Limited Warranty. Except as set forth herein, if you received the Device new from us and the Device included a limited warranty at the time of receipt, you must refer to the separate limited warranty document provided with the Device for information on the limitation and disclaimer of certain warranties. Remedies for breach of any such warranties will be limited to those expressly set forth in such documentation.
(b) No Warranty. If your Device did not include a limited warranty from us at the time of receipt, you are accepting the Device “as is”. You are not entitled to replacement, repair or refund in the event of any defect.
(c) Disclaimer. OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE AND THE RETAIL CUSTOMER LIMITED WARRANTY EXPRESSLY SET FORTH HEREIN, WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE DEVICE OR ANY FIRMWARE OR SOFTWARE IS “ERROR FREE” OR WILL MEET CUSTOMER’S REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE. DEVICE WARRANTIES DO NOT APPLY TO BUSINESS CUSTOMERS.
4.6 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.
4.7 Content. You will be liable for any and all liability that may arise out of the content transmitted by you or to any person, whether authorized or unauthorized, using your Service or Device (each such person, a “User”). You shall assure that your and your User’s use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. We reserve the right to terminate or suspend your Services and remove you or your Users’ content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform to the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. Our action or inaction under this Section will not constitute any review or approval of your or Users’ use or content.
4.8 Recording Conversations. Merlin Communications, Inc. provides a function that allows a user or Subscriber to record individual telephone conversations. The laws regarding the notice and notification requirements of such recorded conversations vary by state to state. Subscriber is solely responsible for applying the local laws in the relevant jurisdiction when using this feature.
5.1 Governing Law. The Agreement and the relationship between you and us are governed by the laws of the Pennsylvania without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with Section 5.2, you shall submit to the personal and exclusive jurisdiction of the courts located within the State of Pennsylvania and waive any objection as to venue or inconvenient forum.
5.2 Mandatory Arbitration and No Jury Trial. Any dispute or claim between you, any member of your household or any guest or employee of you and us arising out of or relating to the Service or Device will be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration will take place in Lancaster County, Pennsylvania. The arbitrator’s decision will follow the plain meaning of the relevant documents, and will 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. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. All claims shall be arbitrated individually. You shall not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS IN, Lancaster County, Pennsylvania.
5.3 No Waiver of Rights. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
5.4 Entire Agreement. This Agreement, including any future modifications as may occur within the terms of the Agreement, and the rates for Services found on our website constitute the entire agreement between you and Merlin Communications, Inc. and govern the use of the Service by you, members of your business, employees and guests. This Agreement supersedes any prior agreements between you and Merlin Communications, Inc. and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
5.5 Severability. If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non- enforceability will not invalidate or render unenforceable any other portion of this Agreement.
- FUTURE CHANGES TO THIS AGREEMENT
We 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 www.merlincom.com. Merlin Communications, Inc. will make best efforts to notify Customers in advance via email regarding changes to the terms and conditions of this Agreement. Such changes will become binding on you on the date they are posted to our website and no further notice by us is required upon your continued use of the Service. The Agreement as and when posted supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of the Device and also supersedes any written terms provided to Retail Customers in connection with retail distribution, including, without limitation, any written terms enclosed within the packaging of the Device.