Last modified: March 26, 2024
INTRODUCTION
- Number Shack ("Company" or "we") provides telecommunication and communication services ("Services") to customers ("you" or "Customer"). These Terms of Service ("Terms") govern your use of the Services.The Company provides the following Terms of Service, which are subject to change at any time, (Herein “Terms” or “Agreement” or “Terms of Service”) to its customers for the use of their services. When it refers to “Services”, the company means offering to customers a vast range of standard telephony and communication features. The present Terms shall govern all Services provided by the Company to its customers.
- Please read the Terms prior to using the Company services. By accessing and using NumberShack.com, making a purchase, and/or opening an account, and/or using our signup form and/or our customer service by email, live chat, fax, phone or text, you agree that you have read, understood, and consent to these Terms and Conditions and agree to be legally bound by this Agreement, and any modification of such Agreement by the continuous use of the services.
- If the customer doesn’t agree with these Terms of Service, the Customer shall not use the Company services or make a purchase.
APPLICATION
- The following Terms of Service apply to all individuals referred to as customer and/or user of Number Shack's Services.
- The Services provided by Number Shack are available only to entities and persons over the age of legal majority established by the law of customer’s country and capable of entering into a legally binding agreement under applicable law.
- By using the Company’s Services, you declare that you have the legal capacity to do so, and that you understand that any breach of this obligation will be at your sole and entire responsibility and that the Company will not be held responsible.
RESTRICTIONS
- The customer cannot spread misleading information about Number Shack.
- All the information provided to customer and on the website of the company is under the intellectual property of the Company. Unless both party make a written agreement, the customer can not use any documents, logo or information about Number Shack’s technology.
- The customer agrees that they are not provided with the right to start any claim, remedy or action, legal or otherwise that may harm Number Shack in any way, for any reason whatsoever directly or indirectly related to the Products or Services.
- Number Shack agrees to not sell your personal or corporate information to third parties except as permitted by the present Terms and in order to provide, support and secure the Services. The Customer agrees and understand that the Company may use the services of a third party to render the Services or part of the Services and that Customer data may be hosted by the Company or their authorized third party service providers.
- Number Shack is currently not offering new accounts, outside of Canada and the USA.
TERMS OF SERVICE
The following Terms of Service may be revised. If the Company chooses to do so, such amended Terms of Service will take precedence over previous version. If a notice is not sent to the customer, Number Shack will make a notification on the website. It is the responsibility of the customer to read the Terms and keep current on revised versions. Note that major changes will be noticed to customers in a reasonable time of thirty (30) days via email.
- The customer is responsible for the safekeeping of their Login and Password information. If this information is lost or given to any other party in any way, the customer understands that this will be his sole responsibility. The customer agrees to frequently change their passwords to protect their account from any suspicious act.
- The customer agrees to follow lawful purposes while using this Service.
- Number Shack makes no warranties, expressed or implied, including or, but not limited to, merchantability or fitness for a particular purpose, regarding its product or service.
- Number Shack will direct any payment, firstly to pay negative balances. The customer understands that all negative balances are due and use the Service with the acceptation that any call below negative balance does not mean that the calls are not due. Number Shack reserves the right to suspend any negative account. A written notice will be sent to the customer in a reasonable time of 30 days in case of suspended or negative account.
- Number Shack reserves the right to temporarily or permanently discontinue Service at any time and this without any notice, if this occurs, it will issue full refunds on unused balances.
- All rate quotes are valid only on the day they are issued and the Company only guarantees such rate to that extent. It is the responsibility of the customer to verify the accuracy of rates.
- The use of scripts that modify the customer portal interface in a way that goes beyond cosmetic modifications (for example, Grease monkey scripts to add additional choices in web forms) are strictly forbidden and can lead to immediate account deletion and legal actions.
- The customer is responsible for all usage of their account and is also responsible of the actual balance in their account.
- At Number Shack's sole discretion, you may incur a port away fee for any phone number leaving its network as this is a pass-through charge from Number Shack's carrier(s).
- The following fees apply when porting numbers from Number Shack: $35 fee for a port resubmission after a rejection or cancelation. $75 fee for a port cancellation once the order has been submitted to the carrier. $475 fee for expediting a port with the carrier, if available, $8 fee for an internal transfer (port) with Telnyx, $3USD fee charged to you from the carrier for an internal transfer (port) with Numberbarn.
- Number Shack does not encrypt its transmissions, or sensitive parts of customer information in its database. Number Shack retains the right to voluntary hand over information regarding customers, usage and calls if it is requested by law, court order or by governmental organizations.
- By submitting suggestions, feedback or any volunteer contributions, the customer acknowledges that Number Shack is not under obligation of confidentiality.
- Number Shack uses a private security firm to automatically screen IP addresses upon logging in to the customer portal and also when the customer signs up for a new account. If this score is too high, the customer may be denied access by the system. You will not hold Number Shack accountable for any inconvenience, financial loss or other issues directly or indirectly related to this security measure. For more information, please visit FraudLabs Pro.
- It is the customer's responsibility to verify and test that any number delivered to his account is active and working properly before publishing it. The test should be made from a landline or cell phone provider. Number Shack will not be held liable for any damages or advertising expenses arising from receiving a non-working number. If a number is confirmed non-working, it will be deleted from the account and the cost of the number refunded.
- All parties agree that it will conduct business in compliance to all requirements of the law, specifically in compliance of the law of the province of Ontario, Canada.
- In no event shall the Company be held liable to the customer and/or to any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including any and all liquidated damages, penalties, lost profit, loss of business and damages arising from the use of the Service, even if the Company may or may not have been previously informed of the possibility of such damage occurring.
- If there is any dispute about or involving the Company’s Services, it is agreed by all parties that said dispute shall be governed by the laws of the province of Ontario, and both parties agree to the exclusive jurisdiction of the courts in the district of Sarnia, province of Ontario.
- These Terms, and any amended versions thereof, are the entire Agreement between you and the Company with respect to the Services, and they shall supersede any other agreement, written or verbal, that you might have entered into. If any provision, or part of a provision, of these Terms is found to be invalid under the law, that provision, or portion of the provision, will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable.
- The customer agrees that the present Terms cannot be assigned or transferred unless the Company gives its prior written consent. The Company has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent, but will provide customer with a notice (written or email) if that event occurs.
- Every Reseller of the Company’s Services represents and warrants that it has read the Terms and Conditions and understands that it is bound by such Terms and Conditions and must comply with them. Reseller also warrants and represents that it has the legal power to resell the Services and that it will maintain at all times the proper licences and authorizations, and specifically, must comply with all applicable rules and regulations applicable to the Services and reselling of such Services and that it will register with the proper authorities, as applicable, such as the CRTC or the FCC, or any other entity. The Reseller understands and agrees that the Company cannot be held liable for any and all fault and/or damages resulting directly or indirectly from the Reseller’s activities and/or use and/or resell of the Services and will hold harmless and indemnify the Company from any and all such claim and/or damages. The Reseller will not and shall not make any representations on the Company’s behalf without prior written approval. The Reseller shall not use the company name or logos; however, the reseller shall use the term Number Shack, Authorized Reseller or Number Shack, Authorized Independent Affiliate and shall only use the aforementioned logos.
PORTING AND OWNERSHIP
- Phone numbers are parked as a 'wireline (landline)" at various VOIP providers and available for purchase.
- All sales are subject to our parking provider releasing the phone number. In the event the number cannot be released, a full refund will be issued, and you hold us harmless of any and all liability due to these unforeseen circumstances. Do not order promotional material or advertise your new number until you have ownership of it.
- There is no service plan included, nor will you receive a SIM card.
- Once you purchase a new phone number we will email you instructions on how to initiate the port to your current provider.
- You can PORT (TRANSFER) the number to your provider, landline carrier, cell company, voip provider, etc. Customer will need to confirm with their preferred carrier first if they will accept the Customers selected number(s) before purchasing.
- There is NO porting fee charged by us.
- Customer MUST port within 30 days of purchase, failure to port the number will result in the forfeiture of the phone number. (see Phone Number Retention)
- Ports to not happen the same day, most ports take between 2-10 days to complete, however, there can be porting delays! Do not order promotional material or advertise your new number until you have ownership of it!
- Customer can choose to leave it 'PARKED' or 'CALL FORWARD'. There is no voicemail included. Customer can port out anytime, there are no hidden fees, there is no contract. If you stop paying the monthly fee you will forfeit the phone number unless you port out. (see Phone Number Retention)
- Not all phone numbers are available to be transferred to any carrier. The Customer will need to confirm with their preferred carrier first if they will accept the Subscriber's selected number(s) before purchasing.
- Customer or a third-party provider acting as agent on behalf of Customer (“Requesting Party”) may request that Number Shack port a number assigned to Subscriber by Number Shack to a third-party provider (“Port-Out”). Number Shack will support all such requests and will promptly cooperate with the Requesting Party to perform any Port-Out in accordance with the Requesting Party’s reasonable directions and Number Shack's standard operating procedures with their own Carriers. In the event of any Port-Out, Customer agrees that until such time as the Port-Out is complete and Customer terminates Parking or Forwarding Service for such DID/ telephone number, Customer shall remain bound by the terms of the Terms of Service and this Addendum related to that DID/ telephone number.
- Once the Port-Out is complete, Customer must terminate the Call Parking/Call Forwarding Services associated with such ported telephone number in order to stop incurring charges for such telephone number.
- Customer recognizes and agrees that in the event of a Port-Out Customer shall remain responsible for paying the required monthly service fees, along with taxes, governmental fees and other charges required, incurred up to the date of termination of the Service.
Phone Number Retention:
Porting and Service Renewal: To retain ownership of the phone number associated with our parking/call forwarding service, you must meet one of the following conditions:
- You must have successfully ported your phone number to our service.
- Your parking/call forwarding service subscription must be renewed before the expiration date.
Call Parking/Forwarding Activation: If you haven't ported your number or your service hasn't been renewed by the expiration date, you have 7 days from the expiration date to activate the call parking/forwarding option on your account.
Forfeiture of Phone Number: Failure to activate the call parking/forwarding option within 7 days of the expiration date will result in the forfeiture of your purchased phone number.
Consequences of Forfeiture:
- You will relinquish all ownership rights to the phone number.
- The forfeited number will be returned to our inventory of available numbers.
- You will need to repurchase the same number, if it remains available.
Forfeited phone numbers return to the property of BeeFound Business Optimization Inc. and the Customer no longer has any legal right to the number, however, may, repurchase the number at the listed price if available.
Refunds are not issued to forfeited phone numbers.
By making a purchase and or using our service, you agree to these terms and conditions.
REFUND POLICY
- Number Shack offers a 30-day money back guarantee on phone number purchases.
- Unfortunately, due to Google's policies, porting numbers to Google Voice or Google Fi can be complex and subject to restrictions beyond our control. Therefore, purchases of numbers specifically intended for porting to these services are considered final and are not eligible for our 30-day money-back guarantee.
- We recommend:
- Checking Google's porting compatibility tool before purchasing a number to ensure it can be ported to your desired provider.
- Exploring alternative options with our customer support team if you're specifically interested in using Google Voice or Google Fi.
- By choosing Number Shack, you agree to these terms regarding Google Voice and Google Fi portability.
LOWEST PRICE GUARANTEE
Number Shack's Lowest Price Guarantee is designed to provide customers with peace of mind knowing that they are getting the best possible price on their local, vanity or premium phone number.
Beat:
- In the context of this Lowest Price Guarantee, "Beat" refers to Number Shack's commitment to offer a lower price for a comparable phone number compared to any advertised price found online from a major competitor.
Major Competitor:
- A major competitor refers to a well-established and reputable provider of phone numbers, recognized within the industry for their quality and reliability.
Online:
- "Online" refers to any publicly accessible website or online platform where phone numbers are advertised or offered for sale.
Comparable Number:
- A comparable number is a phone number that shares similar characteristics and attributes to the number being priced. These characteristics may include:
- Number type (e.g., vanity, premium, or random)
- Area code
- Memorability
- Overall desirability
To qualify for the Lowest Price Guarantee, the following conditions must be met:
- The comparable number must be advertised at a lower price than the price advertised by Number Shack.
- The advertised price must be found on an online website or platform that is publicly accessible.
- The comparable number must be similar in terms of its memorability, uniqueness, and overall value to the number being purchased from Number Shack.
The Lowest Price Guarantee is not applicable in the following situations:
- When the lower advertised price is due to a temporary promotion or discount offered by the major competitor.
- When the comparable number is not available for purchase from the major competitor at the advertised price due to stock limitations or other reasons.
- When the comparable number is not of similar quality or reliability as the number offered by Number Shack.
- When the lower advertised price is found on a website or platform that is not considered a major competitor or is not publicly accessible.
To claim the Lowest Price Guarantee, please follow these steps:
- Take a screenshot or copy the relevant portion of the advertisement that clearly indicates the lower price, the comparable number, and the major competitor's website or platform.
- Submit a copy of the online advertisement showing the lower price to Number Shack within 24 hours of purchasing the number.
- Provide a link to the online advertisement.
- Provide the name of the major competitor advertising the lower price.
- Provide the details of the comparable number.
Verification and Approval:
- Number Shack will review each claim thoroughly to verify the eligibility and validity of the lower advertised price.
- Upon successful verification, Number Shack will contact the customer to confirm the approval of the claim and provide instructions for receiving the price adjustment.
Upon successful verification, we will:
- Match the lower advertised price for the comparable number, effectively offering the lowest price to the customer.
- The price adjustment will be applied to the customer's purchase of the comparable number.
or
- Issue you a credit for the difference between the price you paid and the lower advertised price.
- Apply the credit to your next purchase at Number Shack.
Additional Terms/Disclaimer:
- The Lowest Price Guarantee applies only to the initial purchase of a number. Subsequent renewals or changes to the number are not eligible for the guarantee.
- The Lowest Price Guarantee is limited to one number per customer per day.
- The Lowest Price Guarantee is void if the number being purchased is subject to any promotions, discounts, or coupons.
- Number Shack cannot guarantee that it will be able to beat every online advertised price.
- Number Shack reserves the right to modify or cancel the Lowest Price Guarantee at any time without notice.
- Number Shack reserves the right to interpret and apply these terms and conditions as necessary.
- Number Shack reserves the sole and exclusive right to interpret and enforce the provisions of the Lowest Price Guarantee, and its decision shall be final and binding upon all parties involved who by Number Shack's Terms and Conditions agreed to upon making a purchase, expressly agree to renounce any form of appeal or revision.
NUMBER WAREHOUSING/HOARDING
- Number Shack does not warehouse, or hoard telephone numbers, as defined by the FCC.
- Activation (setup) fees are not to be construed as the "purchase price" of a phone number; these fees cover the development and operational costs of our search engine service, as well as costs associated with service establishment through our underlying carriers/vendors.
- Although it is rare, there is a chance that inventory reported herein may not be available due to database timing or other factors. Because availability is not guaranteed, you should make no assumptions about numbers that you order until we have notified you that your order is complete, and until you have placed a test call to verify operation of your new numbers. Our liability for unavailable numbers is limited to the cost paid for the number, and we are not responsible for any consequential damages such as printing or marketing costs.
- Once a number is provisioned and operating properly, it becomes part of the Number Shack service, and may be used, ported away, or canceled, subject to our terms of use.
- Telephone numbers that you cancel, or that are suspended due to non-payment, may be re-listed on our search engine, or returned to the available pool of numbers, at our sole discretion.
CREDIT CARD CHARGE-BACK
- Number Shack offers a 30 day money back guarantee on all phone number purchases. If the Customer initiates a charge-back to their credit card company, the Customer agrees that this is Theft of Telecommunications and full legal action will be taken by Number Shack.
- The Customer agrees to pay Number Shack the cost billed to them by the Customers credit card company, known ad a charge-back fee.
- The Customer agrees to pay Number Shack for all legal expenses, including, however, not limited to our Lawyer, Paralegal, Collections Company and costs from filing with and obtaining a judgement from Small Claims Court.
- The Customer understands that Criminal Charges will be filed for Theft of Telecommunications.
GENERAL
- Customer agrees and acknowledges that any breach of the provisions regarding ownership contained in this Agreement shall cause Number Shack irreparable harm and Number Shack may obtain injunctive relief as well as seek all other remedies available to Number Shack in law and in equity.
- Customer shall not transfer or assign this Agreement or Subscriber's rights under this Agreement. Any purported transfer or assignment in violation of this section is void.
- Subject to the foregoing, this Agreement shall be binding on and inure to the benefit of the parties, their successors, permitted assigns and legal representatives. The failure of Number Shack to exercise its rights under this Agreement will not be construed as a waiver of such rights, nor will it in any way affect the validity of this Agreement. The provisions of this Agreement relating to intellectual property ownership, restrictions on use or disclosure of the Services, disclaimers of warranties, limitations of liability and indemnification shall survive termination or expiration of this Agreement for any reason.
- The U.N. Convention for the Sale of Goods shall not be applicable to this license of the Services to Customer.
- The section titles in this Agreement are for convenience only and have no legal or contractual effect. Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
Customer Loyalty Program – Terms and Conditions
Registration:
- Membership is free
- To be eligible for the Loyalty Program, customers must be the legal age of majority in your province.
- To sign up for the Loyalty Program, the customer must create an account at rewards.numbershack.ca
Earning Points:
- Program accounts will be identified by the member’s email address. Members will not receive a membership card or membership number.
- Points are awarded based on the net total of the purchase. Points are not awarded on taxes.
- Points are added according to the principle of: $5 = 1 Point.
- Accrued points are not redeemable for cash.
- Loyalty points are not transferable.
- Purchases where a Gift Card is used for payment are not eligible for collection of points or discounts.
Redemption of Points:
- When redeeming points, the Loyalty Program member simply logs into their account portal to select the number of points to redeem.
- Points may not be redeemed by anyone other than the member.
- Points are redeemed according to the principle of: $10 = 100 Points.
- The Loyalty Program account must have the full amount of points the customer would like to redeem at the beginning of the transaction.
- The redeemed reward is only valid at NumberShack.com
Membership Cancellation:
- BeeFound Business Optimization Inc. o/a Number Shack reserves the right to terminate any Loyalty Program member’s account and revoke any and all unredeemed points for reasons that include, but not limited to:
- failure to comply with the Terms and Conditions,
- supplying false or misleading information, or misuse of this Loyalty Program,
- violation of any law or regulation in connection with the use of membership privileges,
- commission of fraud or abuse involving any portion of this Loyalty Program,
- Accounts that are inactive for a period of 12 consecutive months will be considered dormant accounts and may be deleted without notice.
- A member may cancel membership at any time by contacting Number Shack Customer Service.
General Terms & Conditions:
- BeeFound Business Optimization Inc. o/a Number Shack reserves the right, from time to time, to restrict, suspend or otherwise alter aspects of these Terms & Conditions with or without any prior notice to the members.
- Any such changes will be shown in the Terms & Conditions on NumberShack.com and will be effective immediately unless stated otherwise. BeeFound Business Optimization Inc. o/a Number Shack will attempt to notify active members of major changes, but will not be liable for failure to do so and members will nevertheless be bound.
- Points earned on a purchase that is subsequently returned will be deducted from the member’s account in an amount equal to the Points earned for the original transaction.
LIMITATION OF LIABILITY
- IN NO EVENT SHALL NUMBER SHACK BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. NUMBER SHACK LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL NOT EXCEED THE LICENSE FEE PAID BY SUBSCRIBER FOR THE SERVICES, IF ANY.
- The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this Section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
- SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.
INDEMNIFICATION
- Customer shall indemnify and hold harmless Number Shack, its directors, officers, employees and agents from and against all liabilities, losses, costs, expenses (including reasonable attorneys' fees), and damages resulting from any negligent acts, omissions or willful misconduct by Customer, Customer's use of the Services and/or any breach of the terms and conditions of this Agreement by Customer.
CUSTOMER ACKNOWLEDGMENT
- By accessing and using NumberShack.com, making a purchase, and/or opening an account, and/or using our signup form and/or our customer service by email, live chat, fax, phone or text, the Customer agrees and that they have read, understand and consent to these Terms and Conditions.
- Number Shack reserves the right to make changes to its site, services, policies and these Terms of Service at any time.
- The customer agrees to be legally bound by this Agreement, and any modification of such Agreement by the continuous use of the services.
- If the customer does not agree with these Terms of Service, the Customer shall not use the Company services or make a purchase.