Terms & Conditions

The Magic Telecom Subscriber Agreement

Important Note: These Terms are meant to cover any areas of service that are not specifically addressed in your MSA, contracts, and addendums. For overlapping or conflicting terms, your contract with Magic Telecom would overrule the overlapping terms and conditions you see here. Your contract or agreement with Magic Telecom may reference these terms and they are subject to change with immediate effect upon posting to this website. If you have questions regarding these terms or you individual contract, please communicate with your account manager to request adjustments to your contracts.

Privacy Policy:

Magic Telecom provides wholesale VoIP services to customers in accordance with the terms and conditions set forth in this agreement.

By registering for, activating, making use of, or by paying for Magic Telecom’s site or services you acknowledge having read and agreed to these terms, and you represent that there is no legal impediment to your entering or being bound by this agreement.

Billing, Pricing and Charges

Charges are calculated on a per call at the current rate rounded up to three decimal places.

Usage of Magic Telecom’s services will be charged according to the current price list as made available on the Magic Telecom site. Changes to our pricing shall become effective immediately upon posting to the site (unless otherwise stated within your contracts).

Payment for Magic Telecom’s services is billed per the terms of your contract, unless otherwise agreed by both parties. You agree that our services will not be provisioned until sufficient deposit or credit approval has been made, and that service may be terminated immediately if sufficient deposit or timely payments have not been made. It is your ongoing responsibility to ensure that your account maintains the necessary balance to provision the service.

You agree that Magic Telecom may expire any credit that remains unused within 365 days of the credit being applied to your account. Such expiration renders the balance non-refundable, and is performed entirely at Magic Telecom’s discretion.

Any refund request will be subject to a $75 administration charge in addition to any bank charges incurred.

Transaction charges incurred by Magic Telecom will be passed on to the customer at the rates and percentages indicated when the customer adds credit/payments to their account. The customer fully accepts these charges when they elect to "Create Order/payment" on our website or send funds to any Magic Telecom financial institution.

Magic Telecom reserves the right to change the rate of charges at any time, notice is deemed to have been given when the new charges appear on the website.

DID excessive inbound call surcharges (UK only): There are network costs associated with high volumes of incoming calls, therefore if any single UK number receives more than 100 calls per day then a $0.001 surcharge will be assessed on a per call basis for each call to any DID number that exceeds 100 calls per day per number.

Taxes and USF Charges

If any local, state, federal, public or quasi-public governmental entity or its political subdivision imposes any taxes, fees, surcharges, or other charges or obligations on Magic Telecom as a result of Magic Telecom’s sale of Services or Customer’s use of Services, Customer shall pay any such obligations (Additional Charges) and indemnify Magic Telecom from any liability or expense associated with the Additional Charges. If Additional Charges are assessable to support the federal Universal Service Fund (USF), Magic Telecom may elect to calculate and charge Customer in accordance with applicable regulations of the government authority having jurisdiction (USF Charges). Customer may send in proof of exemption, however the refunding of certain taxes and fees are paid on a monthly basis and therefore may not be refundable directly by Magic Telecom and may need to be recovered through the agency that collected the payments from Magic Telecom (Example: State tax authority, PUC/PSC, USAC, FCC, etc.)

Restrictions

Due to various regulations and diverse network infrastructure in certain countries there are certain restrictions and quality issues that may affect your DID services purchased through Magic Telecom. The below list is generated from information given to us by our suppliers and we want to make our customers aware of these rules, regulations, restrictions, and limitations. Due to the complexities of DID services, Magic Telecom cannot make any guarantees in regards to DID services. If you have specific concerns please contact your account manager.

Some countries do not qualify for any type of service Level Agreement “SLA”. This means that Magic Telecom cannot guarantee the ongoing services in certain locations or claim any consistent level of quality.

Some locations may require address verification before activation of service.

DID excessive inbound call surcharges (UK only): There are network costs associated with high volumes of incoming calls, therefore if any single UK number receives more than 100 calls per day then a $0.001 surcharge will be assessed on a per call basis for each call to any DID number that exceeds 100 calls per day per number.

Learn more about restrictions

Excessive Call Attempts Surcharge

A minimum outbound call completion ratio (defined as percentage of completed calls versus attempted calls) of 40% (forty percent) is required, and is calculated on total outbound call attempts during any 24 hour period. An Excessive Call Attempt Surcharge of $0.01 per call will be assessed for all incomplete calls below this threshold.

Minimum Average Call Duration (ACD)

A minimum Average Call Duration (ACD) of two (2) minutes is required in any 24 hour period. In the event Customer’s ACD on an individual account is below the two (2) minute threshold, default billing increments on the customer’s account will change from six (6) second to the following:

Additional Minimum Average Call Duration (ACD) for USA & Canada Termination

A minimum Average Call Duration (ACD) of one (1) minute is required in each billing period. In the event Customer’s ACD on an individual account is below the one (1) minute threshold, a surcharge of 100% of the total amount billed to Customer in the billing period shall be assessed.

Short Duration Surcharge for USA & Canada Termination

If Customer’s total Short Duration Calls (defined as all calls with a duration of 6 seconds or less) is more than 10% (ten percent) of total calls during a billing period, then a Short Duration Surcharge of $0.02 per call for all Short Duration calls.

Measuring Usage

You agree that Magic Telecom’s records are conclusive evidence of your use of the site and service. Furthermore, you acknowledge that these records will be used to calculate charges incurred.

You accept that any use of the service originating from the IP addresses you nominate shall be deemed to be authorized, and that you will pay any charges arising from such use.

Any request for a billing adjustment must be made in good faith within thirty (30) days of invoice receipt through a Written Dispute Notification.

For the purpose of this Agreement, a Written Dispute Notification means an email message that must include the following information:

E911 (Enhanced 911)

By using our services you acknowledge that Magic Telecom does not offer E911 services as part of any product or service. Furthermore, Magic Telecom does not offer termination through its rate decks to 911 emergency services phone numbers. Magic Telecom DIDs do not hold any information that would help identify you or your users to emergency services. DIDs services are meant for inbound services only and should not be used for outbound calling.

Your use of Magic Telecom products and/or services represents your agreement that you have alternative E911 services in place for you and your users.

Your Responsibilities

You agree to be held fully responsible for all use of and fees related to your account, and accept full liability and responsibility for the actions of anyone who uses the site or service via your account, whether authorized or unauthorized, except when unauthorized use is solely attributed to an act or omission on the part of Magic Telecom.

Regulatory Issues

Magic Telecom makes no representations or warranties that the FCC, PUCs, any type of government body, whether federal, state (provincial) or local, or any underlying providers will not make any changes to existing laws and/or tariffs that could impair Magic Telecom's ability to deliver service to Customer.

Liability & Indemnification

You agree to indemnify Magic Telecom and its agents, and hold them harmless from any claims or damages relating to this agreement. You agree not to hold Magic Telecom or its agents liable for any loss of business, contracts, savings or profits, or any other damages or losses (direct or consequential) to the extent that Magic Telecom’s liability can be limited by law.

Term of and Changes to This Agreement

The terms of this agreement shall come into effect immediately upon appearing on the Magic Telecom website, as indicated by the time-stamp at the foot of this document. Magic Telecom may terminate your services at any time for any breach of these terms or any applicable policy as posted on the Magic Telecom website. No reimbursement for any fees charged in connection with Magic Telecom’s services shall be issued for such a termination.

Any provision of this agreement relating to term, payment, liability, indemnification, governing law, or confidentiality shall survive termination or expiration.

Any provision of this agreement relating to term, payment, liability, indemnification, governing law, or confidentiality shall survive termination or expiration.

DIDs and Inbound Number Services

In addition to the other general terms and conditions on this page, the following also applies to DID and inbound services specifically.

-Cancelling Numbers

After 3 months from a Number’s Service Date, Customer may terminate a Number upon a 30 days’ prior written notice. In case Customer cancels a Number within 3 months from the Service Date, Magic Telecom reserves the right to claim 3 months of Monthly fees in respect of the cancelled Number(s).

-Number Portability

An administrative fee is charged per number or number block ported in to Magic Telecom. The applicable charges can be found below. Due the manual process of pricing, each porting price quote should be acquired from your Magic Account manager or authorized team member to ensure you agree with all charges.

Prices vary depending on country, number type and quantity.

Cancellation fee - Magic Telecom will charge a cancellation fee per Number in the event that Customer cancels a request to port one or more Numbers, in the amount of: 150% of the port fee if cancelled 3 Business Days before porting date, 100% if cancelled 4-7 Business Days before porting date, and 50% in all other cases. For any request to reinstate, within 48 hours, a newly ported phone number to the original carrier, a non-recurring charge of $300 per Number will be assessed.

Please contact lnp@magictelecom.com for port in pricing.

-PORT OUT

For customers wishing to port their Magic Telecom numbers to another network or provider, the following conditions will apply:

Porting fees are not meant as penalty but rather a way of recovering internal costs. Porting remains a highly manual process, therefore Magic Telecom may pass along an administration charge related to the time and resources used regarding implementing, authorizing, or facilitating each number on a port out request. There is a one-time *$3 Administration fee to port each number away from Magic Telecom. For customers who have ported their numbers into Magic Telecom, this fee will be waived.

If any customer wishes to port their number out of Magic Telecom to another provider, it is the customer's sole responsibility to notify Magic Telecom of this action in writing to LNP@magictelecom.com. The number will remain on the user's account until written notification has been received that the customer has ported the number away. Customers will continue to be charged their recurring monthly fees until proper notification has been given. No refunds will be given for recurring monthly charges that were assessed because notification was not given prior to the date the funds were taken.

*An additional administrative fee is charged per number or number block ported out from Magic Telecom for the following countries:

The applicable charges are $10 for individual numbers, $5 per number for 10-ranges and $1.5 per number for 100-ranges.

-ADMIN FEES

If the Customer wishes Magic Telecom's specific assistance in the framework of Services provided in order for Magic Telecom to perform certain tasks on behalf of Customer (e.g. assigning selected numbers to Customer's accounts, assigning ranges to Customer's accounts, performing portability checks, creating portability requests, cancelling Numbers on behalf of Customer, etc), Magic Telecom may charge the Customer administrative fees at a rate of $200 per hour and a minimum of $75 per request. These admin fees will be communicated upfront to Customer, prior to the task being performed.

Suspension of Service and Fees

You are expressly prohibited from using the Service or Equipment for any abusive or fraudulent purpose, including using the Service in a way that interferes with our ability to provide the Service to you or other customers or avoids your obligation to pay for communications services.

Magic Telecom, in its sole discretion, may suspend or permanently terminate your Services without advance notice if it believes you have:

  1. violated the aforementioned restrictions
  2. acted in a manner that is illegal, fraudulent, threatening, obscene, harassing, or abusive

Magic Telecom may pass along fees or costs that it incurs from authorities, government agencies, carriers, or other partners in regards to the use, abuse, or suspected abuse/fraud of services.

Customer shall comply with all applicable laws and recommendations from the national authorities such as regulatory authorities or law enforcement authorities. Customer acknowledges and agrees that Magic Telecom reserves the right to invoice the Customer an administrative fee up to $1500 per complaint of abusive or fraudulent usage of services related to Customer’s account and/or per request of identification received from a competent law enforcement authority. Administrative fees discussed here may include but not limited to:

  1. requests for information
  2. disconnection requests
  3. nuisance complaints
  4. consumer complaints