Terms of Use

These Terms of Use set out the agreement between you and us for your use of Telecom.live™ — what you can expect from us, what we expect from you, and how disagreements are handled.

Who you are agreeing with

Telecom.live™ is operated by Venture Cloud LLC. Throughout these Terms of Use, that company is referred to as "we," "us" or "our." "The Site" means telecom.live, its subdomains and the services offered through them. "You" means the business on whose behalf the Site is used, together with the individual using it.

These Terms of Use incorporate our Privacy Policy by reference. Together they form a single binding agreement between you and us governing your use of the Site. Accepting these terms means you also accept the Privacy Policy.

Accepting these terms

These terms apply from the moment you use the Site, and you accept them again when you tick the acceptance box before submitting a request. Under the federal E-SIGN Act and comparable state law, that acceptance carries the same legal effect as a handwritten signature.

If you are accepting on behalf of a company, you represent that you are authorized to bind that company, and "you" means that company. If you do not agree, do not use the Site.

The Site is for business use only

The Site is offered to businesses. Orders may be placed only on behalf of a business, and you confirm that this is the case each time you place one.

Services priced through the Site are business-grade services sold on business terms. They are not consumer services and are not offered to consumers. The address at which service is installed does not change this: what governs is that the order is placed on behalf of a business.

You must be at least 18 and legally able to enter into contracts. If your confirmation that you are ordering for a business is not true, we may decline or cancel the order.

What we do, and what we do not do

WE ARE A FACILITATOR. WE ARE NOT A TELECOMMUNICATIONS CARRIER OR SERVICE PROVIDER. We do not own, operate, install, maintain or resell any network, circuit, line or telecommunications service, and we do not provide internet, voice or any other telecom service to you.

ANY SERVICE AGREEMENT IS BETWEEN YOU AND YOUR PROVIDER — NOT WITH US. The provider sets the price, the term, the service levels, the installation schedule and the billing, in an agreement you enter into directly with them. We are not a party to it. We cannot change, waive, interpret or enforce any part of it, and we have no obligation or liability under it.

Some providers accept orders without a signed document at the point of order, and may schedule an installation before their own agreement has been presented to you. A scheduled date is not a contract. No service is contracted, and no provider obligation exists, until you have entered into an agreement with that provider directly.

Nothing on the Site is legal, tax, regulatory or professional advice.

Pricing is an estimate, not an offer

ALL PRICING, PRODUCT DETAIL, SERVICE INFORMATION AND AVAILABILITY SHOWN ON THE SITE IS A NON-BINDING ESTIMATE PROVIDED FOR INFORMATION ONLY. IT IS NOT AN OFFER, NOT A QUOTE YOU CAN ACCEPT, AND NOT A GUARANTEE THAT ANY SERVICE, PRICE OR INSTALLATION DATE WILL BE AVAILABLE.

Figures shown exclude taxes, regulatory charges, surcharges and other fees. Final terms — including price, fees, contract length, service levels, equipment and installation — are determined solely by the provider and are set out in the agreement you enter into with them. Where anything shown on the Site differs from the provider’s agreement, THE PROVIDER’S AGREEMENT GOVERNS.

Availability, promotional rates and terms change without notice and are confirmed only by the provider. All orders are subject to review, acceptance and fulfilment by the provider. A provider may revise pricing after survey, may find a location requires construction, or may decline an order under its own policies. Installations requiring construction commonly take 60 to 90 business days and can take longer.

NO RELIANCE. YOU ACKNOWLEDGE THAT YOU ARE NOT RELYING ON ANY STATEMENT, ESTIMATE, PRICE, TIMELINE OR REPRESENTATION MADE BY US, OR APPEARING ON THE SITE, IN DECIDING TO PLACE AN ORDER OR TO ENTER INTO ANY AGREEMENT WITH A PROVIDER. You agree that you rely solely on the provider’s own agreement and on your own independent judgement, and that no statement outside that agreement forms part of any contract or gives rise to any claim against us.

The information you give us

You agree that the information you supply — service address, business details, contact details and service requirements — is accurate, current, and yours to provide, and you are responsible for keeping it up to date and for anything done through your account.

We are not responsible for any outcome that follows from information you gave us that was incomplete or incorrect.

We take measures to prevent fraud and abuse, and may decline, delay or cancel any request or order where we reasonably believe information is false or the Site is being used improperly.

Fees, payment and refunds

Most requests are free for businesses, subject to fair-use limits. A fee applies to certain requests. Where a fee applies it is shown to you before payment, and you authorize us to charge your payment method for that amount plus any applicable taxes.

If a paid request returns no pricing options within 48 hours, that fee is refunded in full, automatically. This guarantee is for genuine business requests: we may decline a refund, and may suspend or terminate access, where we reasonably believe requests are being submitted repeatedly or in bad faith to obtain refunds or otherwise to abuse it.

A fee buys access to the Site for the request you submitted. It is not a deposit, is not paid to any provider, and does not depend on whether you place an order or on what a provider later charges you. Except under the refund guarantee above or where the law requires otherwise, fees are non-refundable once pricing has been delivered.

Payments are handled by our payment processor; we do not store full card details. We may change our fees, and changes apply only to requests made after they take effect. Amounts a provider charges you for service are between you and that provider.

How you may use the Site

You agree not to:

• Use the Site for any unlawful purpose or in violation of any applicable law or regulation.
• Submit business information, addresses or contact details that are false, that belong to someone else, or that you are not authorized to provide.
• Place, or attempt to place, an order other than on behalf of a business.
• Abuse, defame, harass or threaten any person, or submit unlawful, obscene or infringing content.
• Transmit any virus, worm, malicious code or anything designed to disrupt or damage the Site or its users.
• Infringe the copyright, trademark, trade secret, patent, publicity or other rights of any person.
• Access the Site by automated means — including any bot, spider, crawler, scraper or script — or collect data from it systematically, other than by ordinary use in a standard web browser.
• Reverse engineer, decompile, disassemble or attempt to derive the source code or underlying structure of any part of the Site.
• Alter, modify, adapt, translate or create derivative works of any part of the Site.
• Copy, extract, republish, distribute, license or commercially exploit any part of the Site, or use it to build, train or supply a product or service that competes with or substitutes for it.
• Interfere with the operation, integrity or security of the Site, probe or test its defenses, or attempt to reach any account, system or data you are not authorized to access.
• Deliberately conceal or misrepresent your identity or origin in order to evade a restriction we have applied to you, or to obtain access you have been denied.
• Impose a disproportionate load on the Site, or submit requests in volumes inconsistent with genuine business use.
• Encourage, assist or permit any other person to do any of the above.

Nothing above prevents you from using a corporate virtual private network in the ordinary course of your business.

What belongs to us

The Site — including its software and source code, design, layout, structure, text, graphics, data compilations, and the selection, arrangement and presentation of everything on it — is owned by us or our licensors and is protected by copyright, trademark, trade secret and other laws. Telecom.live™ and our logos are our trademarks.

We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Site for your own internal business purposes under these terms. That is the entire extent of what is granted; all other rights are reserved, and no right is granted by implication or estoppel.

Pricing and service information you receive is for your own business use in evaluating and purchasing service. You may not redistribute it commercially, publish it, or use it to build a competing or derivative product or dataset.

YOU ACKNOWLEDGE THAT ANY BREACH OF THIS SECTION OR OF THE ACCEPTABLE USE SECTION WOULD CAUSE US IRREPARABLE HARM FOR WHICH MONETARY DAMAGES ALONE WOULD BE AN INADEQUATE REMEDY. Accordingly, in addition to any other relief available, we are entitled to seek injunctive relief and specific performance to restrain or prevent such a breach, without posting a bond or other security and without any obligation to prove actual damages.

That right is in addition to, not in place of, our right to recover our actual damages and to require you to account for and disgorge any revenue or profit derived from the breach. In any action to enforce this section, the prevailing party is entitled to recover its reasonable attorneys’ fees and costs.

If you send us feedback or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or obligation to you.

Provider names and logos

Provider names, logos, trademarks and service marks shown on the Site belong to their respective owners and are displayed for identification purposes only.

THEIR APPEARANCE DOES NOT IMPLY ANY AFFILIATION, ENDORSEMENT, SPONSORSHIP, PARTNERSHIP OR AGENCY BETWEEN US AND THAT OWNER, AND DOES NOT IMPLY THAT WE ARE AUTHORISED TO ACT FOR THEM. We claim no ownership of and no rights in any provider’s marks. Nothing on the Site grants you any right to use them.

Sites we do not operate

The Site may link to websites and services operated by others, including those of providers. We do not control them, and we are not responsible for their content, their practices or their terms. Any dealings you have with them are between you and them.

What we do not promise

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, VENTURE CLOUD LLC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT ANY PRICING, AVAILABILITY, TIMELINE OR OTHER INFORMATION SHOWN WILL BE ACCURATE, COMPLETE OR CURRENT. WE DO NOT WARRANT ANY PROVIDER, ANY PROVIDER’S SERVICE, ANY INSTALLATION, OR THE PERFORMANCE OF ANY AGREEMENT YOU ENTER INTO WITH A PROVIDER.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions the exclusions apply to the fullest extent permitted, and nothing here limits a warranty that cannot lawfully be excluded.

The most we are responsible for

TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, MEMBERS, EMPLOYEES, AGENTS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS, ON ANY THEORY OF LIABILITY, WHETHER OR NOT WE WERE ADVISED SUCH DAMAGES WERE POSSIBLE.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

WITHOUT LIMITING THE ABOVE, WE ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF ANY PROVIDER; FOR THE TERMS, PRICING OR PERFORMANCE OF ANY AGREEMENT BETWEEN YOU AND A PROVIDER; FOR A PROVIDER’S DECISION TO CHANGE PRICING OR TO DECLINE, DELAY OR CANCEL AN ORDER; OR FOR ANY SERVICE OUTAGE, INSTALLATION DELAY, CONSTRUCTION REQUIREMENT OR SERVICE QUALITY ISSUE.

These limits do not apply to liability for our own gross negligence, willful misconduct or fraud, or to any liability that cannot be limited or excluded under applicable law. Some jurisdictions do not allow certain limitations, and there our liability is limited to the greatest extent permitted.

You agree these limits are a fundamental basis of the bargain between us, and that without them the Site could not be offered on these commercial terms.

When you cover our costs

You agree to defend, indemnify and hold harmless us and our officers, members, employees and agents from and against any third-party claim, and any resulting loss, liability, damage, judgment, settlement, cost or reasonable attorneys’ fee, to the extent it arises out of or relates to:

• Your breach of this agreement, including the Acceptable Use section.
• Information you submitted that was false, inaccurate, or that you were not authorized to provide.
• Your violation of any law or regulation, or of the rights of any third party.
• Any dispute between you and a provider, or your performance of or failure to perform any agreement with a provider.

This does not extend to any claim to the extent it arises from our own gross negligence, willful misconduct or fraud. We will notify you promptly of any claim for which we seek indemnity, will reasonably cooperate in its defense, and may participate with counsel of our own choosing at our expense. You may not settle any claim in a way that imposes any obligation or admission on us without our prior written consent.

If there is a dispute

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A CLAIM IN COURT, TO A JURY TRIAL, AND TO PARTICIPATE IN A CLASS ACTION.

Before beginning a formal proceeding, you agree to send written notice describing the dispute and the relief sought to our contact address below, and to allow 30 days for it to be resolved. We will do the same before bringing any claim against you.

If it is not resolved, you and we agree that any dispute arising out of or relating to this agreement or the Site will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this section.

Arbitration will be before a single arbitrator, seated in Austin, Travis County, Texas, or conducted by video, telephone or on written submissions. The arbitrator may award any relief a court could award to that individual party, and the award may be entered as a judgment in any court of competent jurisdiction.

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one party’s claims or preside over any representative proceeding.

Small claims carve-out. Either of us may instead bring an individual claim in small claims court, if the claim qualifies and remains in that court.

Injunctive relief carve-out. Either of us may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to prevent actual or threatened infringement or misuse of intellectual property or confidential information, pending arbitration of the underlying dispute.

Your right to opt out. You may opt out of arbitration by writing to our contact address below within 30 days of first accepting these terms, stating your name, your business, and that you are opting out. Opting out affects no other part of this agreement.

If the class action waiver is held unenforceable as to a particular claim, that claim will be severed and heard in court and the remainder of this section will continue to apply to all other claims. If any other part of this section is held unenforceable, it will be severed and the rest will remain in effect.

Which law applies, and where

This agreement and any dispute arising out of it or the Site are governed by the laws of the State of Texas, without regard to its conflict of laws rules, and by the Federal Arbitration Act where it applies.

For any dispute not subject to arbitration, you and we consent to the exclusive jurisdiction of the state and federal courts located in Texas and waive any objection to that venue.

ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SITE MUST BE BROUGHT WITHIN ONE YEAR AFTER IT ARISES, OR IT IS PERMANENTLY BARRED, unless applicable law prohibits shortening that period.

Changes we may make

We may update this agreement. When we do, we will change the effective date at the top of this page, and for material changes we will give reasonable advance notice by posting on the Site, by email, or by any other means we consider reasonable.

Changes are not retroactive: they do not apply to a dispute that arose before they took effect, and they do not change the terms of a request you have already paid for. Continuing to use the Site after a change takes effect means you accept the updated agreement.

We may also change, suspend or discontinue any part of the Site, and we are not obliged to keep any particular feature available.

Ending your access

You may stop using the Site at any time, or ask us to close your account by writing to us at the contact address below.

WE MAY SUSPEND OR TERMINATE YOUR ACCESS, DECLINE ANY REQUEST, AND CANCEL ANY ORDER AT ANY TIME, FOR ANY REASON OR NO REASON, WITHOUT PRIOR NOTICE AND WITHOUT ANY OBLIGATION TO EXPLAIN OUR DECISION. Nothing in this agreement obliges us to accept a request, to continue serving any user, or to give reasons for declining.

If we cancel a paid request other than because of your breach, we will refund the fee for that request. Termination does not affect any agreement already in force between you and a provider. The sections on intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, governing law and this sentence survive termination.

How we contact each other

We may give you notice by posting on the Site or by email to the address associated with your account; email notice is treated as given on the day sent, and it is your responsibility to keep your address current.

General

This agreement, including the Privacy Policy it incorporates, is the entire agreement between you and us about the Site and replaces any earlier understanding on the subject. No statement, estimate or representation outside it forms part of it.

If any provision is held unenforceable it will be limited or removed to the minimum extent necessary and the rest will remain in full force. Our failure to enforce a provision is not a waiver of it.

You may not assign or transfer this agreement without our written consent. We may assign it to an affiliate or in connection with a merger, acquisition or sale of assets.

We may perform any of our obligations through our affiliates or through other companies we engage. In the course of that work they may contact you, or communicate with your provider about your order, and you may see them included in correspondence. We remain responsible to you for those obligations.

We are not liable for any delay or failure to perform caused by events beyond our reasonable control. Nothing here creates a partnership, joint venture, employment or agency relationship between you and us. Our affiliates and the companies we engage to help perform this agreement may rely on the disclaimers, the limits on liability and the dispute-resolution terms set out above. Otherwise this agreement has no third-party beneficiaries.

The Site is operated from the United States and offered to businesses located in the United States. We make no representation that it is appropriate or available elsewhere.

CONTACT ADDRESS. Any notice you send us under this agreement — including notice of a dispute, an arbitration opt-out, a request to close your account, or a question about these terms — must be sent to legal@telecom.live.