Effective Date: September 10, 2026 | Last Updated: September 10, 2026
COMEXCEL Terms of Service and Master Telecommunications Agreement govern commercial cloud communications, including Business VoIP Phone Service & Hosted Cloud PBX Infrastructure, SIP trunking, 2-way business SMS/MMS, mobile and desktop softphones, CRM integrations, and AI speech intelligence. These Terms of Service (“Agreement”) constitute a legally binding contract between COMEXCEL Communications (“COMEXCEL,” “we,” “us,” or “our”) and the subscribing business entity (“Customer,” “you,” or “your”). This Agreement establishes rights, commercial billing terms, technical operational boundaries, acceptable calling parameters, and regulatory compliance standards across all provisioned accounts.
Terms at a Glance
- Core Services: Cloud PBX routing, business VoIP calling, SMS/MMS messaging, number provisioning, softphones, and AI conversation tools.
- Commercial Terms: Subscriptions billed monthly per provisioned user ($18, $22, $25/seat) alongside usage-based consumption (SMS/MMS, toll-free, international) or as outlined on executed Order Forms and the official COMEXCEL Pricing Schedule.
- Emergency Services Notice: Explicit E911 obligations requiring accurate, up-to-date registered physical locations for every endpoint and user.
- Shared Security Model: COMEXCEL protects core infrastructure (TLS 1.3, SRTP, AES-256); Customer protects account credentials, MFA, and internal extension permissions.
- Regulatory Compliance: Strict compliance with FCC CPNI rules, TCPA, CTIA 10DLC registration, and local telecommunications mandates.
Agreement Acceptance & Order of Precedence
By creating an account, executing an Order Form, signing a service quote, downloading our software clients, or accessing any communications service, you agree to be bound by this Agreement. This contract is centrally administered through our master COMEXCEL Legal & Compliance Hub. If entering into this Agreement on behalf of a corporation or entity, you represent and warrant that you hold full legal authorization to bind that entity.
In the event of any conflict between contractual exhibits, the following order of precedence governs:
- Executed Service Order Forms or Custom Exhibits
- This Master Terms of Service Agreement
- COMEXCEL Privacy Policy
- COMEXCEL Acceptable Use Policy
Telecommunications Definitions & Framework
- “Customer Proprietary Network Information (CPNI)” has the meaning assigned under Section 222 of the Communications Act of 1934, as amended (47 U.S.C. § 222), encompassing call destinations, timestamps, durations, and telephony billing metadata.
- “Direct Inward Dialing (DID)” means a virtual telephone number assigned to an extension, auto-attendant, or routing path on the COMEXCEL cloud switching platform.
- “E911 / Enhanced Emergency Services” means FCC-regulated emergency calling capabilities connecting interconnected VoIP users to local Public Safety Answering Points (PSAPs) based on registered geographic addresses.
- “10DLC (10-Digit Long Code)” means commercial application-to-person (A2P) SMS/MMS messaging routed over standard 10-digit local phone numbers under carrier-sanctioned brand and campaign registries.
- “Call Detail Record (CDR)” means data containing the telecommunications routing details of a specific voice call or SMS transaction (duration, calling number, called number, timestamp, SIP disposition codes).
Business Eligibility & Authorized Account Administration
COMEXCEL services are designed exclusively for legitimate commercial, non-profit, enterprise, and professional business use. The Customer must designate at least one primary Account Administrator authorized to manage extensions, provision phone numbers, configure call routing rules, and execute billing authorizations. The Customer assumes full legal and financial responsibility for all actions taken by authorized administrators, sub-administrators, employees, contractors, and users provisioned under the Customer’s account.
Scope of Cloud PBX, VoIP & Messaging Services
COMEXCEL delivers hosted voice over IP, multi-tenant cloud PBX switching, auto-attendants (IVR), ring groups, call queues, call forwarding, voicemail-to-email, business SMS/MMS, SIP trunking, and desktop/mobile softphones for Windows, macOS, iOS, and Android. COMEXCEL reserves the right to enhance, upgrade, modify, or deprecate individual software features or platform interfaces, provided such updates do not materially degrade the core telecommunications service contracted by the Customer.
Subscription Plans, Billing & Commercial Terms
| Commercial Component | Billing Model | Invoicing Cadence | Payment Terms & Collections |
|---|---|---|---|
| User Subscription Seats | Fixed rate per user ($18, $22, or $25/seat/month) | Billed in advance on a recurring monthly cycle | Auto-charged to primary card/ACH on file on invoice date |
| Usage-Based Charges | Metered ($0.015/SMS, international voice, toll-free) | Billed monthly in arrears based on actual consumption | Invoiced alongside the recurring monthly platform cycle |
| DID Number Inventory | Per-number monthly fee based on local/toll-free tier | Billed in advance alongside seat licenses | Pro-rated upon initial inventory provisioning |
| Delinquent Accounts | 1.5% monthly late fee or statutory maximum | Evaluated past due at thirty (30) calendar days | Accounts past 30 days are subject to immediate suspension |
Review full plan specifications and add-on pricing on our official COMEXCEL Pricing Schedule.
Telecommunications Taxes, Surcharges & Regulatory Fees
Customer is responsible for all applicable federal, state, local, and municipal taxes, regulatory assessments, and carrier surcharges. These include mandated Federal Universal Service Fund (USF) contributions, state telecom excise taxes, municipal E911 emergency service fees, and COMEXCEL’s standard Regulatory Cost Recovery Fee (RCRF). Mandated government fees are calculated based on the primary physical service address of the provisioned account.
Normal Business Calling & Voice Acceptable Use
COMEXCEL voice plans are designed for normal business communications between individuals. Platform services may not be used for continuous unattended predictive dialing, unauthorized telemarketing broadcasts, continuous call-forwarding cascades, or traffic stimulation/pumping schemes. For prohibited activities and network enforcement actions, consult the COMEXCEL Acceptable Use Policy.
Business SMS, MMS & 10DLC Carrier Messaging Terms
All commercial text messaging transmitted across COMEXCEL infrastructure must comply with the Telephone Consumer Protection Act (TCPA), CTIA Messaging Principles, and 10DLC registration standards:
- Express Written Consent: Customer must obtain verifiable express written opt-in consent from recipients prior to sending commercial SMS/MMS.
- Automated Keyword Suppression: Outbound campaigns must recognize and process carrier opt-out keywords (STOP, CANCEL, QUIT, UNSUBSCRIBE) immediately.
- Downstream Carrier Filtering: COMEXCEL is not liable for messages filtered, throttled, or rejected by mobile carriers due to unregistered brand status or content violations. Full campaign rules are established in our 10DLC & Messaging Policy.
Emergency Calling Services (E911 & Registered Location Obligations)
CRITICAL FCC INTERCONNECTED VOIP E911 REQUIREMENTS:
- Registered Location Mandate: Customer must submit and maintain a verified physical civic street address (“Registered Location”) for every phone number, IP desk phone, and softphone extension.
- Operational Limitations: VoIP emergency dialing differs from traditional analog 911 lines. Emergency calls will fail or misroute if: (a) broadband internet connectivity is interrupted; (b) electrical power fails without battery backup; (c) equipment is relocated without updating the Registered Location in the portal; or (d) account service is suspended.
- Complete Disclosure: Review mandatory testing, nomadic worker rules, and Kari’s Law / RAY BAUM’S Act requirements in our E911 & Emergency Services Disclosure.
Remote & Hybrid Workforce Deployment Responsibilities
When deploying services to remote workspaces or mobile staff, Customer is responsible for: (a) ensuring remote broadband connections satisfy minimum VoIP quality thresholds; (b) maintaining registered physical E911 dispatchable locations for remote extensions; and (c) enforcing endpoint security standards across corporate-issued or BYOD endpoints.
Business Phone Numbers, DID Inventory & Number Porting
- Number Ownership: Telephone numbers are provisioned from national numbering plans under carrier rules; Customer does not acquire proprietary ownership rights to unassigned numbers.
- Inbound Porting: COMEXCEL coordinates free inbound number porting upon receipt of an executed Letter of Authorization (LOA) and recent utility bill. COMEXCEL is not liable for transfer delays caused by the relinquishing carrier.
- Outbound Porting: COMEXCEL releases active numbers to gaining carriers in accordance with FCC regulations, provided the Customer’s account is verified and current on billing.
Customer-Controlled Call Recording & Consent Compliance
Call recording is provided as an administrative software tool. State and federal laws governing voice recordings vary between “one-party” and “all-party” consent jurisdictions. Customer assumes sole legal responsibility for: (a) verifying recording legality in all operating regions; (b) providing audible notification prompts or beeps to participants; and (c) managing recorded audio in compliance with data privacy mandates.
AI Voice Transcription, Summaries & Generated Content
AI transcription, call summaries, and conversational insights are provided on an “as-is” basis. COMEXCEL does not warrant 100% transcription accuracy. Generated summaries should not be relied upon as legal, medical, or financial records without human verification. Customer voice streams and transcripts are processed in private environments and are never used to train public foundation models.
CRM Ecosystem & Third-Party Integrations
When linking COMEXCEL with third-party software (such as Salesforce, HubSpot, Zoho, Google Workspace, or Microsoft 365), Customer authorizes the automated exchange of call logs, recording links, SMS threads, and contact cards via OAuth 2.0 and APIs. COMEXCEL is not responsible for the performance, uptime, data policies, or security controls of third-party platforms.
Developer REST APIs, Webhooks & Automation Controls
Customers utilizing COMEXCEL developer APIs agree to: (a) keep API tokens and authorization secrets strictly confidential; (b) adhere to documented rate limits; and (c) avoid submitting malicious payloads or attempting reverse-engineering. COMEXCEL reserves the right to throttle or disable API keys that threaten network stability.
Customer Data, Telecommunications Records & CPNI Governance
Customer retains ownership of all customer-generated media and communications payloads. COMEXCEL safeguards Customer Proprietary Network Information (CPNI) and account metadata in strict accordance with FCC rules and the COMEXCEL Privacy Policy. We do not sell or monetize CPNI or customer contact lists to third-party marketers.
Shared Security Responsibilities, Encryption & Access Control
Maintaining telecommunications security is a shared operational commitment between COMEXCEL and the Customer:
| Security Domain | COMEXCEL Platform Responsibilities | Customer Operational Responsibilities |
|---|---|---|
| Transmission Security | Enforces TLS 1.3 SIP signaling and SRTP voice encryption. | Configures local firewalls to allow encrypted SIP/RTP traffic. |
| Data At-Rest | Encrypts stored media, call recordings, and logs using AES-256. | Configures role-based access permissions and lifecycle retention. |
| Access Controls | Provides Multi-Factor Authentication (MFA) and SAML 2.0 SSO tools. | Mandates strong employee passwords and enforces MFA for all admins. |
| Physical Security | Hosts voice switches in SOC 2 Type II certified data centers. | Safeguards physical desk phones and endpoints from unauthorized access. |
Explore our complete cryptographic architecture in the Security & Trust Center.
Customer Local Network & Hardware Prerequisites (QoS & SIP)
Voice over IP requires adequate bandwidth, latency under 150ms, jitter under 30ms, and zero packet loss. Customer is responsible for: (a) maintaining enterprise broadband capacity; (b) prioritizing SIP traffic using Quality of Service (QoS) configurations; and (c) disabling SIP Application Layer Gateway (SIP ALG) on local firewalls to prevent packet corruption. COMEXCEL is not liable for call degradation stemming from local ISP or router issues.
Service Availability, 99.999% SLA & Maintenance Protocols
COMEXCEL targets 99.999% platform availability across its geo-redundant switching infrastructure, backed by automated Failover & Disaster Recovery systems. Availability measurements exclude scheduled maintenance windows (conducted during off-peak hours with prior notice), emergency security patches, customer ISP failures, and force majeure events.
Toll Fraud Prevention, Traffic Abuse & Service Suspension
Customer is responsible for securing PBX extensions, SIP credentials, and voicemail PINs. All charges resulting from compromised customer credentials or local network vulnerabilities remain the Customer’s legal financial responsibility. COMEXCEL reserves the right to immediately suspend accounts exhibiting toll fraud surges, illegal robocalling, or severe billing defaults.
Warranties, Disclaimers & Limitation of Liability
EXCEPT AS EXPRESSLY STATED HEREIN, COMEXCEL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMEXCEL DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT SHALL COMEXCEL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION). COMEXCEL’S TOTAL AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Term, Termination, Dispute Resolution & Regulatory Contacts
- Term & Renewal: Subscriptions renew automatically on a month-to-month basis unless canceled thirty (30) days prior to the next billing cycle.
- Termination for Cause: Either party may terminate this Agreement immediately if the other party materially breaches any provision and fails to cure such breach within thirty (30) days of written notice.
- Dispute Resolution & Governing Law: This Agreement is governed by the laws of the State of Florida, United States. Any dispute shall be resolved through binding individual arbitration administered by the American Arbitration Association (AAA), and both parties waive any right to participate in class actions.
COMEXCEL Legal & Commercial Operations
- Company: COMEXCEL Technologies Corporation
- Legal & Contract Notices: [email protected]
- Billing & Account Inquiries: [email protected]
- Mailing Address: COMEXCEL Legal Department, 2800 Marina Mile Blvd, Suite 119, Fort Lauderdale, FL 33312
Frequently Asked Questions (FAQ)
What is the standard contract term and billing cycle?
COMEXCEL business services operate on flexible month-to-month subscriptions or multi-year enterprise agreements, billed in advance on a recurring monthly schedule per provisioned user seat as detailed in your executed Order Form or official Pricing Schedule.
Is there a charge to port existing business phone numbers to COMEXCEL?
No. COMEXCEL provides 100% free inbound number porting for standard local DIDs and toll-free numbers, coordinating the transfer with your previous carrier upon receipt of a valid Letter of Authorization (LOA).
How does COMEXCEL calculate and guarantee platform availability?
COMEXCEL targets 99.999% platform availability across geo-redundant Tier-IV cloud clusters, covering core voice routing and PBX signaling while excluding scheduled maintenance windows and local customer ISP outages.
Who is legally responsible for call recording consent compliance?
The customer maintains sole legal responsibility for determining one-party or all-party consent statutory requirements across operating jurisdictions and configuring required automated audio warning prompts or audible beeps prior to recording conversations.
What happens if my business network experiences an internet or power outage?
Because VoIP operates over broadband IP networks, emergency calling and desk phone operations will cease unless supported by uninterruptible battery backups (UPS) and automated secondary LTE/5G broadband failover systems.
Are outbound commercial text messages subject to 10DLC registration fees and rules?
Yes. All business SMS/MMS traffic must be registered with The Campaign Registry (TCR) under CTIA guidelines, maintain documented opt-in consent records, and support immediate automated opt-out keywords like STOP.
Who is responsible for toll fraud charges if an internal extension is compromised?
The customer is solely responsible for securing PBX administrator logins, SIP extension passwords, and local networks; all calling charges resulting from compromised credentials remain the customer’s legal financial responsibility.
Does COMEXCEL use customer call recordings or data to train public AI models?
No. Voice audio, meeting transcripts, and AI-generated call summaries are processed exclusively for your private account and are never used to train public foundation models or shared across multi-tenant boundaries.
Need Legal, Contract, or Billing Assistance?
Our legal and commercial billing teams are available to assist enterprise clients, IT teams, and PBX administrators with Master Service Agreements, Order Form adjustments, and regulatory compliance inquiries.
