1. The services
SmarterTel provides cloud-hosted business phone service with desk phones and the Connect app, business texting (SmarterTel Messages), electronic fax (SmarterTel Fax), cellular life-safety lines for elevators, fire panels, and alarm systems, and — where quoted — business internet. Your signed proposal or order lists exactly which services and quantities you've purchased; these Terms apply to all of them.
By signing a proposal, paying an invoice, or using the services, you agree to these Terms on behalf of your business.
2. Your account
You're responsible for the people you give access to — keep portal logins private, tell us promptly when staff leave so we can remove them, and let us know if you suspect unauthorized use. Charges from calls placed through your system, including toll fraud resulting from compromised credentials you control, are your responsibility; we monitor for fraud and will block suspicious activity, but we can't guarantee we'll catch everything.
3. Billing & term
- Monthly, in advance. Recurring charges are invoiced on the 1st for the month ahead; usage-based items (international calling, extra fax pages) are billed in arrears. Payment is due Net 30 unless your proposal says otherwise.
- Taxes & regulatory fees (E911, USF, state and local telecom taxes) are passed through at cost and itemized on your invoice.
- Term. Service is month-to-month unless your proposal specifies a term. Termed agreements renew for the same term unless either side gives 60 days' written notice.
- Late payment. Balances 30 days past due may incur a 1.5% monthly charge; service may be suspended after written notice. Life-safety lines are never suspended for non-payment without at least 30 days' additional notice, and never during an active alarm event.
- Price changes. We review pricing yearly and will give 60 days' notice of any increase to recurring charges. Increases in pass-through taxes and fees take effect when the taxing authority applies them.
4. Equipment
Desk phones and adapters you purchase are yours, with the manufacturer's warranty passed through and SmarterTel handling replacements during that period. Life-safety line boxes and any equipment marked "included" on your proposal remain SmarterTel's property; you'll keep them powered and accessible and return them within 30 days of cancellation, or be billed the replacement cost. You provide the network (switches, cabling, PoE) unless we've quoted it; we'll tell you what your network needs before install.
5. 911 & emergency calling
- 911 calls are routed using the registered address for each phone. We register your service address at install; you must tell us before moving any phone to a new address, including home offices.
- If the internet or power at your location is down, desk phones cannot place 911 calls. Keep a charged cell phone available as a backup.
- Phones can dial 911 directly without a prefix (Kari's Law), and we send an on-site notification when 911 is dialed (RAY BAUM's Act). Dispatchable location includes floor or suite where you've given it to us.
- The Connect app uses your device's location for 911 when available; otherwise your registered address.
You agree to inform all users of these limitations. We'll provide 911 warning labels for phones on request.
6. Life-safety lines
Life-safety lines are delivered over cellular networks with battery backup and are supervised by SmarterTel. We test each line at install with your elevator company and/or alarm monitoring company, provide documentation for inspections, and alert you to line trouble or low battery.
Because these lines depend on cellular coverage and commercial power to recharge, you agree to: keep the line box powered and undisturbed; notify us within one business day of any panel, elevator controller, or monitoring-company change; and maintain your own required inspections and monitoring contracts. SmarterTel is a communications carrier for these signals — we are not an alarm monitoring company, an elevator service company, or a fire-protection contractor, and we don't dispatch emergency services.
7. Acceptable use
Use the services for normal business communication. Don't use them for auto-dialing or robocalling campaigns, call-center traffic beyond what your proposal covers, caller-ID spoofing, harassment, or anything unlawful. "Unlimited" calling means ordinary business use within the U.S.; sustained traffic that looks like a call center or reseller may be moved to a usage plan after we talk with you. We may suspend service immediately to stop fraud, abuse, or a network threat, and we'll tell you why.
8. Texting, fax & recording
- Texting. You'll obtain and keep records of consent before texting anyone, honor STOP immediately, and follow the Messaging Terms, CTIA principles, and the TCPA. We register your texting program with the carriers; misuse can cause carriers to block your number, which we can't override.
- Fax. Fax content is stored in your portal under your control. Healthcare customers: ask us for a Business Associate Agreement before sending protected health information.
- Recording. Call recording is off unless you enable it. California requires all-party consent; when enabled, the system announces recording on every call, and you agree not to disable the announcement. You're responsible for compliance with recording laws in any other state you call.
9. Privacy & data
Your call records, messages, faxes, voicemails, and recordings are yours. We process them only to provide the services, as described in our Privacy Policy. AI features (voicemail transcription, call summaries) run on your own phone system and never train models outside it. We don't sell customer data. On cancellation we'll give you 30 days to export your data before it's deleted.
10. Service levels & support
We target 99.9% monthly availability of the hosted phone platform, excluding scheduled maintenance (announced 48 hours ahead, done outside business hours) and problems on your internet connection or local network. If we miss it, you may request a credit of one day of recurring charges for each full hour of platform outage, up to your monthly charge. Support is by phone, text, and email during business hours, with 24/7 emergency coverage for outages affecting all phones or any life-safety line. Adds, moves, and changes are included.
11. Liability & disputes
The services are provided "as is" beyond the commitments written here. To the extent the law allows, SmarterTel's total liability for any claim in a 12-month period is limited to the amounts you paid us in that period, and neither side is liable for indirect or consequential damages (lost profits, lost business) — including losses arising from the inability to reach 911 or from a life-safety line failing to transmit, except where caused by our gross negligence or willful misconduct. You'll indemnify us for claims arising from your users' misuse of the services or your violation of texting or recording laws.
These Terms are governed by California law. We'll try to resolve any dispute by talking first; if that fails, either side may bring it in the state or federal courts in San Bernardino County, California.
12. Changes & contact
We may update these Terms; material changes will be emailed to your account contact 30 days before they take effect. If you don't agree, you may cancel without penalty before the effective date. Your signed proposal controls where it conflicts with these Terms.