Fair and Reasonable Use Policy

Subscriber’s use of Subscribed Service is subject to the terms and conditions of this fair and reasonable use policy (“FRUP”) as described in this section below.

• Subscriber is prohibited from using the Services in any manner that results in violation of any country-specific requirements and restrictions for voice services.

• Subscriber is prohibited from using the Services in any manner that results in charges to Koncert by third parties, such as collect calls, calls made to 900-XXX-XXXX or NPA-976-XXX numbers, or any other number or service where the calling party is billed for the call by the calling party’s provider on behalf of the terminating provider or its customer; or otherwise calling or sending messages to premium number ranges without Koncert’s prior written consent in each instance.

• Fair and Reasonable Use. Unauthorized or excessive use beyond that normally experienced by other Koncert Subscribers may cause extreme network capacity and congestion issues and interfere with Koncert's network and the third party networks with which Koncert connects for calling services. Koncert’s subscription and features are for normal, reasonable business use and consistent with the types and levels of usage by typical Subscribers on the same subscription plan. "Typical" refers to the calling patterns of at least 95% of Koncert’s Subscribers on the same subscription plan. Certain subscription and calling plans like unlimited calling are designed for normal business use for B2B calling by a typical Subscriber and are not intended to represent usage by unique organizations.

• Outside of Normal Use. The following is a non-exhaustive list of uses under Koncert's calling plans that are considered outside of normal use and are not permitted, except to the extent that Koncert has expressly entered into an agreement with the Subscriber permitting the same:

  • resale to others;

  • without live dialog, including use as a monitor or for transcription purposes;

  • iterative dialing;

  • spamming or blasting (e.g., sending one hundred (100) or more bulk and/or junk voicemail or faxes simultaneously);

  • usage by appointment setting firms, lead generation firms, telemarketing firms, call centers or B2C calling firms not pre-approved by Koncert in writing, further subject to compliance with applicable laws;

• Koncert has the right to prohibit a Subscriber from sending a substantial amount of voice traffic, as reasonably determined by Koncert, only to specific regions or number ranges within a country in a manner that would cause Koncert to incur material costs beyond those incurred by Koncert when sending similar quantities of voice traffic reasonably spread across all regions and number ranges within such country.

• If Koncert determines that a User has violated this FRUP, Koncert may take necessary action by contacting the User and the associated Subscriber. Koncert will afford the Subscriber the opportunity to correct abnormal usage patterns, but if Subscriber fails to immediately conform to normal use after Koncert’s notice, Koncert reserves the right to transfer Subscriber's service to a more appropriate calling plan with applicable rates for that plan, implement other limitations, or suspend or terminate the relevant Subscribed Service pursuant to this FRUP and the applicable agreement.

• Removing or Blocking Communications. Koncert may remove or block communications including calls to certain countries determined solely by Koncert if Koncert suspects a violation of this FRUP, or if Koncert deems it necessary in order to protect the Subscribed Service, Koncert’s network, employees, Users or third parties from harm, fraud, and/or if required by applicable law. Koncert may take such action without advance notice if required to protect Koncert and other Users in Koncert’s sole discretion.

• Fair Usage – Group B Countries: The Group B international calling subscription (refer order form for pricing) is subject to a fair usage limit of up to 500 minutes/user/month (pooled across the Subscriber’s Koncert Org) of calling to Group B countries. Koncert reserves the right to monitor usage, and any calls exceeding this limit may be subject to additional charges at applicable rates or may require migration of Group B International calling subscription to an alternative pricing plan, including a Pay-As-You-Go model.