ColdCrib Communications provides Voice Over IP Phone Services to clients worldwide, and we have a responsibility to protect each client and to provide the best services available.
All clients of ColdCrib Communications are subject to the following terms of service:
By subscribing to ColdCribCommunications.com inmate telephone service you are agreeing to the following terms and conditions.
The following terms and conditions of service, also referred to as "agreement," “terms,” or "service plan," make up the entire agreement between Cold Crib, DBA ColdCribCommunications.com, hereafter referred to as "ColdCribCommunications.com," "we," "us," or "our," and the user of ColdCribCommunications.com communication services, hereafter referred to as "subscriber," "you," "your," “account,” “user,” or “customer,” with respect to ColdCribCommunications.com products and services provided through the website and/or by speaking with a customer service representative. This agreement applies to all lines, products and services purchased from, or under the control of, ColdCribCommunications.com. By activating an account with ColdCribCommunications.com you are agreeing to the following terms and accepting responsibility for becoming aware of all future changes to our service policy as it applies to your service.
Changes to This Agreement
ColdCribCommunications.com permanently posts all terms and conditions of service on our website and does not offer paper copies for any reason. We reserve the right to make changes to this policy without notice. By subscribing to the ColdCribCommunications.com service, user agrees that we may provide them with email updates regarding notices, changes in the agreement or terms of service, or other general information about our service. We will do our best to notify all current customers by email as changes are made to the agreement but it remains the user’s responsibility to review the terms posted on our company website for updates. In the event that ColdCribCommunications.com is forced to alter the service agreement, every subscriber who is a customer at the time of the change will have the option to terminate service within 7 days of change to the agreement. By activating an account, you are acknowledging our right to make future modifications to this agreement. Furthermore, you are accepting the revised terms as they are posted on www.ColdCribCommunications.com unless you notify us by phone or email within 7 days of the change to request termination. Updates will supersede all previous agreed upon terms without limitation. Continued use of our service will imply acceptance of the revised service agreement.
Responsibilities of the Subscriber
By activating an account, you acknowledge that you will not use the ColdCribCommunications.com service for unlawful or abusive purposes or in such a way that it damages the reputation of our company, its employees, third parties, or the public in general. The subscriber assumes all responsibility for knowing the rules and regulations of the facility in which they plan to use our service and will not hold our company responsible for any changes that may occur resulting in loss or interference of service. You accept responsibility for use of our service by guests, employees, family members, relatives, co-habitants, friends and acquaintances both known and unknown. All users will use the ColdCribCommunications.com service in accordance with all local, state, federal and international laws as well as the rules and regulations set forth by the facility in which they are housed.
You agree that you completely understand how to set up the ColdCribCommunications.com service in accordance with the respective correctional facility guide lines and the process each inmate must use within their respective facility to take advantage of our service. We are not responsible for the length of time it takes you, the inmate or the correctional facility to activate the number issued to you through ColdCribCommunications.com for use at the respective facility. User acknowledges that we have no more to do with the process of setting up a call after a local number is provided to the subscriber. User understands that we have nothing to do with the amount of time it takes each facility to allow the inmate to make use of our service. All questions about complications of activation after we have issued you a number must be directed to the facility in which the number will be used. As a subscriber, you understand that you are responsible for payment despite the length of time taken to make use of all new numbers.
ColdCribCommunications.com is not liable for any information or content that a subscriber submits to this service. By activating an account with ColdCribCommunications.com, each customer is assuming responsibility and liability for the aforementioned entries into our system. We will not be held accountable for the deletion of any subscriber content.
You agree to make us aware of all changes to your account information. Termination of service or failure to receive updates or notifications for this reason is the fault of the user. Subscriber is responsible for maintaining the confidentiality of the phone number(s) issued as well as the sensitive information that is presented to us as part of your service with ColdCribCommunications.com. You are required to notify us immediately if the security of an account is compromised in any way. Any damages resulting in the failure to do so will be the burden of the user.
ColdCribCommunications.com must be notified immediately if: the subscriber’s payment method expires, the account is closed, billing address changes, email address changes, or the payment method is cancelled or replaced due to loss or theft.
Each subscriber will activate the ColdCribCommunications.com service to connect the number provided with a number under the control of the subscriber only.
We are in no way responsible for costs of phone service beyond that charged for our service either during or after your term of service. All third party charges, including but not limited to, cellular phone fees, Bureau of Prison fees, or local toll charges required by the facility phone service provider are the responsibility of the user. It is the subscriber’s responsibility to understand what, if any, charges are applied by third parties outside of our service.
Payment for Services
All payment transactions will be processed immediately upon enrollment of our service. Since all calling plans are prepaid, all charges will be assessed no matter how many minutes of the purchased plan are used by the subscriber in any given month. The terms of the selected service shall continue for the life of the account. This agreement is with the subscriber only and is non-transferable. The subscriber is solely responsible for payment of the ColdCribCommunications.com service.
ColdCribCommunications.com will charge the rates that are in affect at the time of subscription. We reserve the right to raise or lower prices for subscriptions at any time. Those updated prices will go into effect immediately upon being posted on our website www.ColdCribCommunications.com. The prices on our website will be the price charged all new users. We may, however, offer introductory, reduced or alternate pricing at our discretion for any reason deemed appropriate by us.
All billing cycles begin on the date the local number is assigned to the user’s account. ColdCribCommunications.com may change the accepted payment methods at any time. The name and address of the subscriber must reflect that of the account from which the payment method is made. When paying by credit or debit, subscriber authorizes ColdCribCommunications.com to charge the amount owed, then or later, to that account. Payment by credit or debit also allows for the deduction of funds from that account for renewed service when the term ends and ColdCribCommunications.com is not notified with orders to terminate. The user’s account will be charged for a renewed service if not contacted before the last 7 days of the agreement. Deductions for renewed service will take place within the last 7 days of the current service term.
By subscribing to our service each customer will be assigned a unique, exclusive, non-transferable, local number with which to make use of the ColdCribCommunications.com service. The user has no ownership rights to their specific number. All subscriptions are provided on a prepay basis. No local number will be issued and service will not be activated until service is paid for in full. This service has no agreements, billing or otherwise, with any of the institution phone service providers and cannot be used for collect calls. In order to receive collect calls the subscriber must establish a prepaid account with the current prison phone service provider. The customer assumes the responsibility of employing alternate means to ensure that calls are not billed as collect. This can done by using a prepaid account with the facility's provider, inmate calling cards or through the inmate's commissary account.
The subscriber is initiating service with ColdCribCommunications.com with the understanding that it is a basic service providing a local number with which to save money on long distance calls anywhere in North America. You understand that each account is activated to allow a predetermined quantity of minutes of talk time unless special terms are agreed upon in writing between the subscriber and authorized ColdCribCommunications.com staff. All additional numbers purchased by the user outside of the normal minutes per month calling plans will be employed to work in accordance with the allotted number of minutes provided with the plan purchased unless an alternate agreement is reached and agreed upon in writing.
No additional services such as caller ID, 411, voicemail and the like are included with this service. Our customer service may be contacted for more information about additional services and costs if you wish to include them in your service.
All numbers are programmed to connect the inmate with only one destination number. ColdCribCommunications.com can provide each customer with as many local numbers as needed in order to connect with other destination numbers as needed when available. Each subscriber has the option to order multiple numbers to work along with a single calling plan or multiple calling plans to take advantage of a greater number of minutes.
ColdCribCommunications.com takes steps to ensure that all numbers provided will save the user on calls after including the cost of making a normal local call with the facility’s telephone service provider. However, it is the user’s responsibility to ensure that the ColdCribCommunications.com service is compatible with the rules, regulations, equipment and current telephone service in the facility in which the inmate is housed.
Changing Service Due to Transfer
In the event that an inmate is transferred to a new facility it is the subscriber’s responsibility to notify ColdCribCommunications.com to make us aware of the change in the inmate’s location and need for a new local number. We will then create a new local number for the same account to continue the service at no additional cost to the subscriber. However, it may take up to one 72 hours or more for the issuance of a new local number. We will do our best to accommodate the customer but we will not guarantee that the new number will allow for the same low cost of calling service as under the circumstances prior to transfer. This is due to the fluctuation in rates of the various providers already in place and offering regular service to prisons across the country. ColdCribCommunications.com has no agreement with these service providers and is in no way responsible for charges beyond that of which is paid for the ColdCribCommunications.com service.
ColdCribCommunications.com will provide you service until you decide to cancel when paying with a debit card or credit card. All Service terms begin on the date the local number was issued and end the day before the respective date in the future depending upon the length of the agreement. All subscriptions are automatically renewed for the same period of time as the original service agreement unless we are notified before the last 7 days of service on the current agreement. Renewal will continue as usual without a break in the service starting the day after the end date of the previous term. All renewal costs will be governed by the most updated ColdCribCommunications.com terms and conditions in affect at that time of renewal. The renewed service package purchased will not necessarily reflect a past sale price if it is no longer available or in affect.
Termination of Service
The subscriber is responsible for all costs of the service package, and any additional lines purchased, in the event of early termination brought about by just cause do to a violation of the service agreement. This includes the portion of the service purchased but not yet used. Early termination for this reason will not be pro-rated and no refund will be issued in part or in full.
If ColdCribCommunications.com terminates service without cause, the user will only be responsible for the charges accrued up to the date of termination. If service is terminated by us without cause, all partial time frames will be pro-rated according to the cost quoted at the time of activation.
In the event that the subscriber wishes to terminate service do to an alteration of the agreement, the user must do so within 7 days of the date the alteration was posted on our website. Notice of termination must be given by the account holder and given to us by phone or by email. If you opt out of your service for this reason, you will be billed a pro-rated charge according to the price quoted at the time of activation.
If the subscriber wishes to terminate service before the end of the terms of a service plan for any reason, the account will be pro-rated according to the current, monthly service plan costs regardless of the service plan purchased. In this case deactivation will be initiated at the end of the month as if it were a normal monthly billing cycle.
ColdCribCommunications.com reserves the right to terminate, disallow activation or extend service if we believe any information submitted to be inaccurate, false, incomplete or not current. We maintain the option to terminate service at any time without notice for all situations specifically stated in this agreement as well as for any other unforeseen situation that may arise. ColdCribCommunications.com reserves the right to terminate or restrict service at its discretion without notice. ColdCribCommunications.com can stop accepting the subscriber's payments or payment method at any time without notice.
Only the account holder will be allowed to cancel an account. An account can be closed by logging on to ColdCribCommunications.com support ticket area between the hours of 8:00 a.m. and 8:00 p.m., Eastern Standard Time, 7 days a week. All subscribers who do not use the appropriate channel for termination will remain responsible for the cost of continued service.
Subscriber understands it is difficult for ColdCribCommunications.com to distinguish between credit and debit cards. Subscriber agrees to waive all rights under Regulation "E" ELECTRONIC FUND TRANSFERS of the Federal Deposit Insurance Corporation laws and regulations, to receive 10 days advanced notice from us regarding the amount to be debited from the user’s account. While ColdCribCommunications.com may provide billing messages from time to time, we are not obligated to do so. ColdCribCommunications.com may change or cease said messages at any time without notice to you.
Disputes of any kind can be resolved quickly and easily by contacting ColdCribCommunications.com by phone or email. Any dispute of ColdCribCommunications.com charges that are applied to your statement must be disputed within 7 days after statement is received from the bank or credit provider. If charges are not disputed within the 7 day time period, user waives the right to contest the charges. Any dispute of charges can be addressed by contacting ColdCribCommunications.com by email at Support@ColdCribCommunications.com
Cancellations and Refunds
ColdCribCommunications.com maintains the right to grant or refuse refunds in part or in full. Failure to cancel service prior to the next billing date will result in a renewal of service and a charge of the customer’s credit card or debit card when this method is used to purchase service. To avoid renewal, contact ColdCribCommunications.com by phone or by email to terminate service before the last 7 days of the billing cycle. When other payment methods are used, and payment is not received for renewal, service will be terminated at the end of the service term.
ColdCribCommunications.com does not offer credit or refund for interruption of any service provided by or purchased from us.
Dispute Resolution and Binding Arbitration
All disputes or claims arising under this Agreement shall be presented in writing to the other party. If the parties are unable to resolve the dispute or claim within thirty (30) days of receipt of written notice thereof, the dispute or claim shall be arbitrated by a mutually agreed upon neutral third party. This agreement to arbitrate is intended to be given the broadest possible meaning under the law including, but not limited to, disputes and claims arising out of or relating to any aspect of the relationship between you and ColdCribCommunications.com, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; disputes and claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); disputes and claims that may arise after the termination of this agreement; disputes and claims that are currently the subject of individual litigation; disputes and claims that are currently the subject of purported class action litigation in which subscriber is not a member of a certified class; and disputes and claims concerning the scope of this arbitration provision. Reference to ColdCribCommunications.com and subscriber include their respective subsidiaries, affiliates, agents, employees, predecessors in interest, and successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the service under this agreement or any prior agreements between you and ColdCribCommunications.com.
Service may be monitored for violations of this agreement. COldCribCommunications.com may block or terminate service for suspected violations of this agreement or to protect our service or employees.
Subscriber understands that there is the possibility that an account could be monitored by law enforcement under, but not limited to, the following circumstances:
- In response to law enforcement or other government agency request.
- To meet the requirements of law, regulation, subpoena, search warrant, or court order.
- In situations where it becomes necessary to protect the interests of ColdCribCommunications.com, its employees or customers.
No Third Party Beneficiaries
No one other than the user has rights to reimbursement, remedy or claim under the terms of this agreement.
As is Services
You agree that our services are provided "as is," except to the extent provided below. ColdCribCommunications.com will not be held responsible for any transmission sent through the ColdCribCommunications.com service or its content.
No Warranties on Service
We make no warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness of the service or device for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance. In addition, we do not warrant that the service or device will be without failure, delay, interruption, error, omission, degradation of voice quality, or loss of content, data, or information.
Neither ColdCribCommunications.com nor its officers, directors, employees, affiliates or agents, or any other service provider or vendor who furnishes services, devices, or products to the customer for our service will be liable for unauthorized access to our or your transmission facilities or premises or equipment or for unauthorized access to, or alteration, theft, or destruction of, customer's data files, programs, procedures, or information through accident, fraudulent means, devices, or any other method, regardless of whether such damage occurs as a result of ColdCribCommunications.com or its service providers' or vendors' negligence. Statements and descriptions concerning our service or device, if any, by ColdCribCommunications.com or ColdCribCommunications.com agents or installers, are informational and are not given as a warranty of any kind.
Fair Usage Policy
A Fair Usage Policy is necessary to ensure our inmate phone services are used fairly and our services operate reliably for all customers. Calls included in your subscription are subject to a fair usage limit of 1,000 minutes per user per month, with a maximum of 3 calls per day. Also, no more than 1 different numbers in total can be called per day. If your subscription includes more than one destination number, then this is the shared total amount of minutes allowed per month on your account, and is not a separate limit for each. If, in our reasonable opinion, you have breached this FUP, we will contact you by email to let you know that that your usage is excessive and is affecting Cold Crib Communications services/systems and/or other users. We reserve the right to impose reasonable limits to reduce your usage and/or pair you with other users utilising the same or nearly the same amount of usage .
Once these limits are exceeded ColdCribCommunications.com will charge per minute rates of 5 cents per minute (15 cents per minute if international) and a connection fee of 50 cents for any additional minutes used. Subscriptions are for individual use only. Each subscription is to be used by one person only and is not to be shared with any other user
Limitation of Liability
We will not be liable for any delay or failure to provide service, at any time or any interruption or degradation of voice quality that is caused by any of the following:
- Third party act or omission - any act or omission of an underlying carrier, service provider, vendor, prison, prison phone provider, or other third party;
- Equipment failure - any equipment, network, or facility failure;
- Equipment modification - any equipment, network, or facility upgrade or modification;
- Force majeure - any force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism, and government actions;
- Equipment shortage - any equipment, network, or facility shortage;
- Equipment relocation - any equipment or facility relocation;
- Loss of power - any service, equipment, network, or facility failure caused by the loss of power to you;
- Outages - any outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of service caused by any third party;
- Acts or omissions - any act or omission by you or any person using our service or the device provided to you; or
- Other causes - any other cause that is beyond our control, including, without limitation, a failure of or defect in any device, the failure of an incoming or outgoing communication, the inability of communications to be connected or completed, or forwarded
User agrees to indemnify, defend, and hold harmless ColdCribCommunications.com, our managers, directors, employees, independent contractors, and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability including reasonable attorney's fees, to the extent that such action is based upon a claim arising out of or relating to subscriber’s use of/and or access to the telephone line provided by ColdCribCommunications.com. User specifically acknowledges that ColdCribCommunications.com shall not be liable to customer for losses, if any, incurred as a result of fraudulent or unauthorized misuse of ColdCribCommunications.com service.
The law of the state of Tennessee will govern this agreement, and the relationship between ColdCribCommunications.com and the user, except in the instances that are preempted by federal law.
The privacy of our customers is very important. We do not share or sell any of the information submitted by you when activating our service.
None of the numbers issued by ColdCribCommunications.com will be publicized in any directory.
Copyright and Trademark
Any infringement of our copyrights, trademarks, logos, materials or services may result in civil or criminal prosecution.
The provisions of this agreement that by their sense and context are intended to survive the termination or expiration of this agreement shall survive.
You promise that you are of legal age to enter into this agreement and that you have read and understand fully its terms and conditions.
If any part of this agreement is legally declared invalid or unenforceable, all other parts of this agreement will remain valid and enforceable. This invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this agreement.
If more than 30 days pass with no activity on the line, your Cold Crib number will go back into the pool of numbers