General Terms & Conditions for the purchase, installation, warranty, support, and return of our phone systems and equipment.
Effective date: June 7, 2026 · Last updated: June 7, 2026
These General Terms & Conditions ("Terms") govern the purchase, installation, support, warranty, and return of telephone (PBX) systems and related Equipment provided by VoIPPBX Express.cloud, LLC, a Washington State limited liability company ("Company," "we," "us," or "our").
The Company supports only the Equipment it provides. We do not provide support, warranty, or maintenance for hardware, software, or systems that the Company did not supply (subject to the limited Cisco-only exception described in the Support Policy section below).
By placing an Order, accepting a Proposal, paying an invoice, or otherwise ordering or using the Services or Equipment, the Customer accepts and agrees to be bound by these Terms. If the Customer does not agree to these Terms, the Customer must not order or use the Services or Equipment.
The Company may, in its sole discretion, refuse, decline, or discontinue service to any prospective or existing Customer, including for non-payment, suspected fraud, misuse, or any other lawful business reason. Acceptance of an Order occurs only when the Company confirms it as described below.
These Terms are written for business (B2B) customers. The Services and Equipment are not offered to consumers or for personal or household use.
In these Terms, the following words have the meanings below. Defined terms are capitalized wherever they are used.
The Company accepts Orders through the following channels:
Accepted payment methods. The Company accepts all major credit and debit cards, ACH and wire transfers, and checks. For payments by check, order processing and shipment begin only after the check has cleared.
Pricing is as stated in the applicable Order or Proposal. All amounts are due as stated on the invoice. The Customer is responsible for any applicable taxes, except for taxes based on the Company's net income.
The Customer acknowledges and agrees that the Equipment may be refurbished rather than new. Refurbished Equipment is reconditioned and tested to like-new and working condition before delivery. This disclosure is intended to set the Customer's expectations and to define the scope of the warranty that applies to the Equipment.
Refurbished Equipment carries the same express limited warranty stated in these Terms as any other Equipment the Company provides. The express limited warranty stated in these Terms is the Customer's sole and exclusive warranty for both new and refurbished Equipment.
The Company provides free standard shipping on Equipment orders.
In-stock Systems typically ship within 3–5 business days. Custom-configured Systems may take longer, depending on the configuration ordered.
Expedited shipping is available on request at an additional cost, quoted at the time of the request.
Title and risk of loss pass to the Customer on delivery to the carrier. Estimated ship and delivery times are estimates only and are not guaranteed.
The Company provides remote-assisted installation by appointment. Setup and installation information is provided to the Customer after the Equipment ships.
Installation appointments are scheduled Monday through Friday during business hours. Installation is performed remotely; the Company does not provide on-site installation.
Every installed System includes a standard one (1) year limited warranty covering defective hardware and equipment failure under normal use. This express limited warranty is the Customer's sole and exclusive warranty and the Company's entire warranty obligation.
Lifetime coverage applies only while the Customer maintains an active SIP Express Plus subscription in good standing, as described in the SIP Express Plus Terms and the "Lifetime" Defined provision below. If the Customer's SIP Express Plus subscription lapses, is canceled, or is terminated, any lifetime coverage ends at the same time, and the standard one (1) year warranty terms (or paid replacement terms, if the one-year period has elapsed) apply.
Safe-Net does not, by itself, grant lifetime warranty coverage. Lifetime coverage is tied solely to an active SIP Express Plus subscription.
Faulty or defective hardware is replaced at no charge under the one-year warranty during the warranty period. After the one-year warranty period has lapsed (and where lifetime coverage does not apply), defective hardware is replaced under the Company's paid replacement terms then in effect.
Warranty void. The warranty is void, and the Company has no warranty obligation, where the defect or failure results from misuse, unauthorized modification, or environmental damage (including power surges, liquid, fire, flood, or other environmental causes), or from use other than normal use.
Wherever these Terms, an Order, a Proposal, or any Company material use the word "lifetime" (for example, a "lifetime warranty"), "lifetime" means the period during which the Customer maintains an active, paid SIP Express Plus subscription in good standing — and nothing more. "Lifetime" does not mean perpetual, indefinite, or for the life of the Equipment, the Customer, or any person. If the Customer's SIP Express Plus subscription lapses, is canceled, or is terminated for any reason, any "lifetime" benefit ends at the same time, and the applicable standard (non-lifetime) terms then apply.
Safe-Net is a one-year support and warranty-maintenance plan. It includes configuration assistance, basic troubleshooting, technical support, and repair or replacement of defective parts.
Each new System includes one (1) year of complimentary Safe-Net.
Safe-Net is billed monthly and auto-renews after the first year. The Customer may cancel Safe-Net at any time with written notice. Monthly billing continues through the end of the then-current paid year, after which it stops.
SIP Express Plus subscribers receive Safe-Net at no additional cost for as long as their SIP Express Plus subscription remains active.
The Company provides support only for Equipment it provides and, on an identification basis, for Cisco equipment. The Company does not provide support for other third-party hardware or software it did not supply.
Support availability, billable-work minimums, and delivery depend on whether the Customer maintains an active plan, as follows:
| SIP Express Plus / Safe-Net | No active plan | |
|---|---|---|
| Availability | 24/7 | Mon–Fri 7 AM–3 PM PST; no immediate/priority availability |
| Billable-work minimum | 1 hour | 3 hours |
| Delivery | Remote only (no on-site) | Remote only (no on-site) |
For plan holders (SIP Express Plus or Safe-Net), all reactive technical support, plus moves and changes to the existing System, are included (non-billable); adds and new provisioning are billable. Billable adds include, without limitation: new users or extensions, new voicemail setup, new phones, all softphone work, new auto-attendant builds, expansions, integrations, and training beyond initial onboarding. The full service-hours and billable detail is set out in the SIP Express Plus Terms; this section is intended to remain consistent with it.
The Customer is responsible for:
The Company programs and configures the System using best-practice security measures. However, the Company is not liable for security breaches, including breaches arising from the Customer's network, credentials, firewall configuration, or devices. Responsibility for ongoing network and account security rests with the Customer.
The Company will:
Except for the express limited warranty, if any, stated in the applicable contract, the Services and Equipment are provided "AS IS" and "AS AVAILABLE," without warranties of any kind. To the fullest extent permitted by applicable law, the Company disclaims all other warranties, whether express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing, course of performance, or usage of trade. The Company does not warrant that the Services or Equipment will be uninterrupted, error-free, secure, or free from loss, corruption, attack, or unauthorized access. The Customer acknowledges that Equipment may be refurbished rather than new; refurbished Equipment is reconditioned to working condition and is covered only by the express limited warranty stated in the applicable contract. The express limited warranty stated in the applicable contract is the Customer's sole and exclusive warranty and the Company's entire warranty obligation.
To the fullest extent permitted by applicable law:
(a) No indirect damages. Neither party will be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, data, or anticipated savings, arising out of or relating to the Services, the Equipment, or these Terms, even if the party has been advised of the possibility of such damages and regardless of the theory of liability.
(b) Aggregate cap. Each party's total aggregate liability arising out of or relating to the Services, the Equipment, or these Terms will not exceed the total amounts paid by the Customer to the Company in the preceding 12 months (that is, the twelve (12) months immediately preceding the event giving rise to the claim).
(c) Carve-outs. The exclusion in (a) and the cap in (b) do not apply to: (i) the Customer's payment obligations to the Company, including charges arising from fraud or unauthorized usage of the Services; and (ii) either party's willful misconduct.
The limitations in this section apply to the maximum extent permitted by law, reflect an agreed allocation of risk between two businesses, and survive any termination or expiration of the agreement.
The Customer will indemnify, defend, and hold harmless the Company and its members, managers, officers, employees, agents, and affiliates from and against any and all claims, demands, suits, actions, proceedings, losses, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) the Customer's misuse of the Services or Equipment; (b) the Customer's unlawful, fraudulent, or unauthorized use of the Services or Equipment, or use in violation of these Terms or applicable law; (c) any failure of security on the Customer's side, including compromised, weak, shared, or stolen credentials and inadequately secured networks, firewalls, or devices; and (d) any third-party claim arising from or relating to the Customer's use of the Services or Equipment, including claims by the Customer's own users, customers, or call recipients. The Company will promptly notify the Customer of any claim subject to indemnification, allow the Customer to control the defense and settlement (provided that any settlement that imposes obligations on the Company requires the Company's prior written consent), and reasonably cooperate at the Customer's expense.
Service work is non-refundable. Fees for configuration, installation, support, and other service work are not refundable once the work has been performed.
Equipment warranty. The Equipment warranty covers defective items for one (1) year as described in the Warranty section above.
Restocking and returns. For returns of non-defective Equipment:
RMA process. A Return Merchandise Authorization (RMA) is required and must be requested within 30 days of delivery. Returned Equipment must be in its original packaging and shipped using trackable shipping. The Customer is responsible for return shipping unless the return is for a defective item under warranty.
Processing and refunds. Return processing takes 5–7 business days after the Company receives the returned Equipment. Approved refunds are issued within 10 business days of processing.
All software and firmware provided with or installed on the Equipment — including, without limitation, Cisco CME (Cisco Unified Communications Manager Express) and device firmware — is licensed, not sold, and remains subject to the applicable OEM or third-party license terms.
Nothing in these Terms transfers to the Customer any ownership of, or other intellectual property rights in, any Company or third-party software, firmware, documentation, trademarks, or other intellectual property. All such rights are reserved by the Company and its licensors.
The Company is an independent reseller of refurbished Cisco equipment. The Company is not affiliated with, authorized by, sponsored by, or endorsed by Cisco Systems, Inc.
"Cisco" and all related names, logos, and marks are the trademarks or registered trademarks of their respective owner(s). Such marks are used only for identification of the Equipment and its compatibility, and their use does not imply any affiliation with or endorsement by the trademark owner(s).
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO GO TO COURT.
(a) Binding arbitration. Except as provided in the small-claims carve-out below, any dispute, claim, or controversy arising out of or relating to the Services, the Equipment, or these Terms will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules then in effect. The arbitration will be seated in Washington State, and the arbitrator's award may be entered in any court of competent jurisdiction.
(b) Class-action waiver. This is a class-action waiver: all disputes will be arbitrated only on an individual basis. The Customer and the Company each waive any right to participate in a class action, collective action, consolidated action, or representative or private-attorney-general proceeding. The arbitrator may not consolidate more than one party's claims or preside over any form of class or representative proceeding.
(c) Jury-trial waiver. This is a jury-trial waiver. To the fullest extent permitted by law, the Customer and the Company each waive any right to a jury trial in any proceeding arising out of or relating to the Services, the Equipment, or these Terms.
(d) Small-claims carve-out. Either party may bring an individual claim in a small-claims court of competent jurisdiction instead of arbitration, so long as the claim remains in that court and proceeds only on an individual (non-class, non-representative) basis.
(e) Fees. Except as the arbitrator may order under applicable law, each party bears its own attorneys' fees and costs, and the parties share the AAA's administrative and arbitrator fees as provided by the applicable AAA rules.
These terms, and any dispute arising out of or relating to them, the Services, or the Equipment, are governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict-of-laws principles. Subject to the arbitration provisions above, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Washington State for any matter not subject to arbitration.
Neither party will be liable for any failure or delay in performing its obligations (other than payment obligations) to the extent the failure or delay results from causes beyond its reasonable control, including natural disasters (such as fire, flood, earthquake, or severe weather), war, terrorism, civil unrest, government action (including changes in law, regulation, embargo, or order), labor disputes, power outages, Internet outages, telecommunications or carrier outages or failures (including upstream provider failures), pandemics or epidemics, and other events beyond the party's reasonable control. The affected party will use reasonable efforts to resume performance as soon as practicable.
The Company may terminate these Terms or the Customer's Services for the Customer's non-compliance with these Terms. The Company will provide the Customer thirty (30) days to cure the non-compliance before termination takes effect. Provisions that by their nature survive termination will continue to apply as described in the General Provisions section.
The Company handles personal data in accordance with its Privacy Policy, which is incorporated by reference. Please refer to the Privacy Policy for details on how the Company collects, uses, and protects personal data.
If there is a conflict or inconsistency among the documents that make up the agreement between the parties, the following order of precedence controls, from highest to lowest:
A document higher in this order controls over a conflicting term in any document lower in the order, but only to the extent of the conflict.
(a) Entire agreement. These terms, together with any Order or Proposal and any document incorporated by reference, are the entire agreement between the parties regarding their subject matter and supersede all prior or contemporaneous proposals, understandings, and communications, whether oral or written.
(b) Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.
(c) Assignment. The Company may assign these Terms, in whole or in part, including in connection with a merger, acquisition, reorganization, or sale of assets. The Customer may not assign or transfer these Terms or any rights or obligations under them, in whole or in part, without the Company's prior written consent. Any attempted assignment in violation of this section is void. These terms bind and benefit the parties and their permitted successors and assigns.
(d) No waiver. No failure or delay by either party in exercising any right under these Terms operates as a waiver of that right, and no single or partial exercise of any right precludes any further exercise. A waiver is effective only if in writing and signed by the waiving party.
(e) Notices. Legal notices under these Terms must be in writing and sent to the Company at the following contact, which is the Company's canonical legal-notice contact: Scot Bernhard, VoIPPBX Express.cloud, LLC, 14612 McIntosh Lane SE, Tenino, WA 98589 · scotb@voippbxexpress.com · 253-458-4391. Notices to the Customer may be sent to the contact information in the Customer's Order or account record. Notice is effective on receipt (or, for email, on confirmed delivery during a business day).
(f) Survival. Any provision that by its nature should survive termination or expiration will survive, including the provisions governing payment obligations, intellectual property, the limitation of liability, indemnification, and dispute resolution.
The Company may update or modify these Terms from time to time. For material changes, the Company will provide notice by a reasonable method, which may include posting the updated terms with a new effective date, emailing the Customer, or providing notice through the Services or the Customer's account. Changes take effect on the stated effective date. The Customer's continued use of the Services or Equipment after the effective date constitutes acceptance of the updated terms. If the Customer does not agree to a material change, the Customer's remedy is to stop using the Services in accordance with the applicable cancellation or termination provisions.
For legal notices and other formal communications, contact the Company at: