50TEL Voice Service Level Agreement (“SLA”)
This Agreement ("Agreement") is between 50TEL, LLC (“we”, “us” or “50TEL”) and the user (“you”, “user”, “Customer”) of 50TEL, LLC.'s enhanced voice communications services and any related products or services (“Services”). Both the Service and any devices, such as an IP phone(s), Multimedia Terminal Adapter, Analog Telephone Adapter or any other IP connection device ("Device" or "Equipment"), used in conjunction with the Service.
By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms. Also, by activating and/or using the Service, you agree that you are also bound by the terms of 50TEL’s applicable state and/or federal tariffs, rate schedules, and public disclosures, which are incorporated into this agreement by reference.
- 1. Service
- 1.1. Service: is offered on a calendar-month basis, for an initial term that begins on the date that 50TEL activates your Service and ends on the last day of the month of your activation. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give 50TEL appropriate notice of non-renewal, before the end of the monthly term in which the notice is given. “See cancellation of service 3.2.” If you terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then-current term and any and all outstanding charges. Customer is responsible for, and shall pay, any applicable federal, state, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of Customer's subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your account.
- 1.2. Call Management Features or Advanced Features Associated: including additional features or advanced features which 50TEL, in its sole discretion, may add, modify, or delete from time to time. 50TEL's Service does not support 0+ calling (including without limitation collect, third party billing or calling card calling). 50TEL's Service may not support 900, 311, 511 and/or other x11 (other than 911 and 411, which are provided for elsewhere in this Agreement) services in one or more (or all) service areas.
- 1.3. Use of Service and Device - Prohibition on Resale: If you have subscribed to 50TEL's services, the Service and Device are provided to you as a Customer. This means that you are not to resell or transfer the service or device to any other person or company for any purpose. You agree that the 50TEL Services are for ordinary and usual office voice communications and do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, excessive conferencing, inbound/outbound centralized or distributed call center activity, telemarketing, fax or voicemail blasting, or for continuous or extensive chat line access, or as an open telephone line as a monitor, intercom or transcription service. 50TEL reserves the right to immediately terminate or modify the Service, if 50TEL determines, in its sole discretion, that Customer's Service is being used for any of the aforementioned activities, in accordance with Applicable Law regarding such terminations.
- 1.4. Lawful Use of Service and Device
- 1.4.1. Prohibited Uses:You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in 50TEL's sole judgment the transmission, receipt or possession of such communication would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. 50TEL reserves the right to terminate your service immediately and without advance notice if 50TEL, in its sole discretion, believes that you have violated the above restrictions, or any Applicable Tariff term, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus an equipment non-return fee, all of which immediately become due and payable, as may be permitted under Applicable Law. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you and agree to indemnify and hold harmless 50TEL against any and all liability for any such use that fails to comply with this Agreement. If 50TEL, in its sole discretion believes that you have violated the above restrictions, we may forward the objectionable material, as well as your communications with us and your personally identifiable information to the appropriate authorities for investigation and prosecution.
- 1.4.2. Use of Service and Device by Customers Outside the United States: The Services include usage and call availability within the United States. While we offer the option (at an additional fee above and beyond the standard monthly charges) to use the Service to place calls to other countries, 50TEL does not presently offer or support the Service to customers located in other countries. If you remove the Device to a country other than the United States and use the Service from there, you do so at your own risk, including the risk that such activity violates local laws in the country where you do so. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you. Transport or sale of the Device outside of the United States may result in a violation of US or foreign technology import/export laws or rules; compliance with which is your sole responsibility.
- 1.5. Loss of Service Due to Power Failure: You acknowledge and understand that the Service does not function in the event of power failure. Should there be an interruption in the power supply to your Device or at any point in your transmission path, the Service will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment including your Device or any connecting equipment in your transmission path prior to utilizing the Service. Power disruptions or failures will also prevent dialing to emergency service numbers including any 911 calling feature that may be activated in or accessed by your Service.
- 1.5.1. Loss of Power Event: In event you do lose power or have interruptions in internet service, you can contact 50TEL and we will re-route your phone calls to any number of other working phones (including employee cell phones) until you inform us that power or internet outage or interruption has been resolved. At which point 50TEL will re-direct your calls back to your dedicated phone server and phones.
- 126.96.36.199. As the Customer you understand that forwarding calls to a cell phone or device not owned by UTT may result in other charges.
- 188.8.131.52. As the Customer I accept full responsibility for all charges incurred by 50TEL for all forwarded calls and 50TEL will not be responsible for paying or reimbursing for said charges.
- 1.6. Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software:The Service and Device and any firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials provided or offered by 50TEL and on 50TEL's website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of 50TEL are and shall remain the exclusive property of 50TEL and nothing in this Agreement shall grant you the right or license to use such marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement, and that the Device is exclusively for use in connection with the Service. If you decide to use the Service through an interface device not provided by 50TEL, which 50TEL reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless 50TEL against any and all liability arising out of your use of such interface device with the Service.
- 1.7. Tampering with the Device: You agree not to change the electronic serial number, MAC address or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from 50TEL in each instance. Doing so shall constitute a violation of this Agreement.
- 1.8. Theft of Service:You agree to notify 50TEL immediately, by calling the 50TEL customer service line, if the Device or Service is stolen or if you suspect or become aware at any time that your Service is being stolen or fraudulently used. You will be liable for all use of the Service using a Device or Access Code stolen from you and any and all stolen Service or fraudulent use of the Service until 50TEL is informed of the theft.
- 1.9. Delivery or Warranty of Device; Ownership of the Device:If Customer receives cartons and/or Devices that are visibly damaged, please note the damage on the carrier's freight bill or receipt and keep a copy. Keep the original carton, all packing materials and parts intact and contact 50TEL's customer care department immediately. Warranty coverage varies depending on the type of Device that the Customer is provided with. Please refer to the 50TEL warranty materials included in the packaging of your Device(s). You understand that any Device provided by 50TEL for use with the Service is and remains the exclusive property of 50TEL. Nothing in these terms should be construed to confer any title, rights of ownership, or other property rights onto you, the Customer.
- 1.10. Equipment: 50TEL dedicated hosted phone server located in our hosting facility, pre-programmed 50TEL phones and system router/switch, are provided with your service.
- 1.11. Internet Services Required by Customer: A connection with broadband capability of at least 90 Kbps upstream speed, per phone, must be supplied for use at your own expense. Since voice over IP is dependent on the broadband connection, 50TEL does not guarantee that the service will be continuous or error-free. In addition, Service may, from time to time, be interrupted for equipment, network, or facility upgrades or modifications.
- 1.12. Local Number Portability
- 1.12.1. In the event you are not utilizing a new phone number for your 50TEL phone service but rather are transferring an existing phone number, which currently is subscribed to a carrier other than 50TEL for local and long distance telephone services, to 50TEL Voice Service, the terms and conditions of this paragraph shall apply:
- 1.12.2. Authorization: You hereby authorize 50TEL and our authorized agents to process your order for 50TEL Voice Service and to notify your local telephone company of your decision to switch your local, local toll and long distance services to 50TEL Voice Service, and represent that you are authorized to take this action
- 1.12.3. Activation: You agree and acknowledge that if your 50TEL phone service is not yet activated as of the Port Effective Date, your existing phone service for the number you are transferring may be disconnected and you may have no service for that line. Therefore, to avoid an interruption in your phone service, it is extremely important that you install 50TEL services prior to, or on, the Port Effective Date. An estimate of the Port Effective Date will be sent to you via e-mail by 50TEL following your completion of the ordering process.
- 1.13. Addition of Phones
- 1.13.1. If at any time you require the use of additional phones to a specific location you will be charged an additional fee per month per phone (over 3 phones) and a one-time fee per phone for shipping, delivery and setup of new phone(s).
- 1.14. Return of Equipment
- 1.14.1. General: If for any reason you decide to no longer utilize the services of 50TEL you will be required to return all equipment within one week of cancellation. This includes all equipment located in your store included but not limited to all phones, switches and cables. All Equipment must be returned in good working order and in approved shipping containers, with appropriate packaging materials to prevent equipment damage during transit.
- 1.14.2. Shipping: When shipping equipment back to 50TEL the contents must be insured and shipped at your expense. Any damages during shipping not covered by your provided shipping insurance will be at your expense.
- 1.14.3. Pick Up: 50TEL, at our discretion, also reserves the right to pick the equipment up from your location.
- 1.14.4. If Equipment does not meet the requirements provided herein then additional fees will be incurred and you agree to pay said fees.
- 1.15. Number Transfer on Service Termination: 50TEL may, solely at the Company's discretion, release the telephone number that was ported in to 50TEL by you and used in connection with your Service, provisioned by 50TEL, to your new service provider. This will occur if such new service provider is able to accept such number, upon your termination of the Service, and provided (i) your account has been terminated (ii) your account is paid in full and no outstanding bills remain; and (iii) you request the transfer upon terminating your account.
- 1.16. Service Distinctions:You acknowledge and understand that the Service has different technical limitations than a traditional telephone service. Technical differences exist between traditional telephone service and this Service offering provided by 50TEL. The Service may be subject to different regulatory treatment than traditional or wireline phone service. This treatment may limit or otherwise affect your rights and responsibilities before Federal and State regulatory agencies.
- 1.17. Compatibility with Security Systems and Other Equipment:Non-voice communications equipment, including but not limited to, security systems that are set up to make automatic phone calls, fax machines, modems and medical monitoring devices, may not be compatible with the Service. By accepting this Agreement, you waive any claim against 50TEL for interference with or disruption of such systems due to the Services.
- 2. EMERGENCY SERVICES- 911 DIALING
- 2.1. Differences in Availability and Operation of Emergency Dialing Service ("911" or "E911"):You acknowledge and understand that the Service does NOT function or connect the same way as traditional copper, fiber or wireline telecommunications support for traditional 911 or E911 access to emergency services. The 911/E911 Services offered by the Company in conjunction with these services are available only on 50TEL-provided or other approved Devices as described herein, and only in specific areas, as specified by the Company. You also acknowledge and understand that 911-type dialing is NOT automatic. When ordering the service, you must separately activate such 911-type dialing capabilities by specifically requesting them at the time of service activation or thereafter, subject to 50TEL, governmental and/or industry technical approval, availability and restrictions, with specific confirmation from 50TEL, as described herein. Such request must contain specific information as requested, and as may be modified by 50TEL in its sole discretion from time to time, and must be accompanied by your acceptance of the specific terms, conditions and responsibilities attendant thereto, including but not limited to maintenance, and communication with 50TEL in advance of any changes in information relating to the physical location for which the 911-type capabilities may be activated, and/or authorized login, passwords and authorized users on the account.
50TEL 911/E911 dialing cannot be used in conjunction with any "Soft Phone" ("download") application. You agree to inform any employees, representatives and other third persons who may be present at the physical location where you utilize the Service as to the non-availability of traditional 911 or E911 dialing from your 50TEL Service and Device(s). If you activate 50TEL 911/E911-type dialing service, you agree to inform any employees, representatives and other third persons who may be present at the physical location where you utilize the Service as to the important differences and limitations of 50TEL 911/E-911 dialing service as compared with traditional 911 or E911 dialing, as set forth in this Agreement, including without limitation the conspicuous posting on the device of any caution or warning materials as may be appropriate, and you agree to make reasonable efforts and use reasonable judgment in informing them of the proper and specific operation and requirements of the Service, if available, and/or to restrict third parties' access to the Service for any purpose.
- 2.2. Description of 911/E-911-Type Dialing Capabilities - Activation Required:You acknowledge and understand that 911/E911-type dialing is NOT automatic. You acknowledge and understand that you cannot dial 911 from this line unless and until you have received a confirming email regarding service activation generally and a primary number assignment associated with the geographic location you have provided and agree to maintain. Once you have received a confirming email, limited 911 dialing has been successfully activated according to this Agreement and any amendments hereto that may be posted from time to time on the 50TEL website. You may dial 911 as needed, provided that all other Service requirements, including but not limited to, power supply, broadband internet connection, internet service provider login or "timing out" (even with an automatic restart – that may cause a reassignment by your internet service provider of a different session-based internet address), and Service login are activated, operational and uninterrupted for the entire duration of the call. When you dial 911 from your designated physical location, your call is routed from the 50TEL network to the Public Safety Answering Point (PSAP) or to local emergency service personnel designated for the address that you listed at the time of activation and confirmation. 50TEL can only route 911-type calls within certain geographic areas, from 50TEL-provided devices and IP phone primary number assignments designated by 50TEL as geographically appropriate, as locations within such areas may be confirmed by 50TEL upon service activation. You acknowledge and understand that any 911-type calls made from any physical or geographical location other than the physical location designated and associated with the account, regardless where a caller or third party desires or requires emergency assistance, will fail. WHEN YOU DIAL 911 ON YOUR PHONE UTILIZING 50TEL VOIP SERVICE, YOUR CALL MAY BE ROUTED TO A DIFFERENT DISPATCHER THAN THAT USED FOR TRADITIONAL 911 DIALING. THE DISPATCHER WILL BE LOCATED AT EITHER THE PUBLIC SAFETY ANSWERING POINT (PSAP) OR WILL BE LOCAL EMERGENCY SERVICE PERSONNEL DESIGNATED FOR THE ADDRESS YOU LISTED AT THE TIME YOU REGISTERED FOR THE SERVICE.
As described herein, this 911/E911-type dialing currently is NOT the same as traditional 911 or E911 dialing, and at this time, does not necessarily include all of the capabilities of traditional 911 dialing. Note, in particular, that certain features of "E911" may not be available in your area or technically feasible via this Service. While certain call-back capabilities, if they are available, may function on this Service, any interruption – before, during or after any call -- in power supply, broadband internet connection, internet service provider login or "timing out" (even with an automatic restart – that may cause a reassignment by your internet service provider of a different session-based internet address), or Service login may cause these features to fail.
- 2.3. Service Outage:
- 2.3.1. Power Outage:You acknowledge and understand that 911 dialing, like the Service as a whole, does not function in the event of a power failure. Should there be an interruption in the power supply, the Service and 911 dialing will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment, connections or logins, prior to utilizing the Service or 911 dialing.
- 2.3.2. Broadband Service Outage:You acknowledge and understand that service outages or interruptions by your broadband provider will prevent ALL Service including 911 dialing. Even a brief interruption in your broadband internet connection may cause the Service and 911 calling to fail until Customer resets or reconfigures equipment, connections or logins.
- 2.3.3. Service Outage Due to Suspension of Your Account:You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent ALL Service, including 911 dialing.
- 2.3.4. Other Service Outages:You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent ALL Service, including 911 dialing. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.
- 2.3.5. Limitation of Liability and Indemnification:You acknowledge and understand that the Company's liability is limited for any Service outage and/or inability to dial 911 from your line or to access emergency service personnel, as set forth in this document, and applicable Tariffs. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS 50TEL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THE SERVICE, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING.
- 2.4. Requires Activation:You acknowledge and understand that 911 dialing does not function unless you have successfully activated the 911 dialing feature on your account, and until such later date that such activation has been confirmed to you through a confirming email. In addition, until you have carefully reviewed the email and, if indicated, have responded to any informational errors or discrepancies in such email, and, if applicable, such errors, if any, are corrected and the corrections confirmed in writing by 50TEL. YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU CANNOT DIAL 911 FROM THIS LINE UNLESS AND UNTIL YOU HAVE RECEIVED A CONFIRMING EMAIL. You agree to carefully review the confirmation email for any errors in your account information, and understand and acknowledge that 50TEL relies exclusively on you to provide and review the correct information for providing your Service.
- 2.5. Failure to Designate the Correct Physical Address When Activating 911 Dialing:IF YOU DO NOT CORRECTLY IDENTIFY THE ACTUAL LOCATION WHERE YOUR 50TEL EQUIPMENT WILL BE LOCATED AT THE TIME YOU REGISTER FOR THE SERVICE, 911 COMMUNICATIONS MAY BE MISDIRECTED TO AN INCORRECT LOCAL EMERGENCY SERVICE PROVIDER.
- 2.6. Requires Re-Activation if You Change Your Number: You acknowledge and understand that 911 dialing does not function if you change your phone number, until such later date that such activation has been confirmed to you through a confirming email. 911 dialing must be re-activated. Although you may have activated 911 dialing with your former 50TEL phone number, you must separately activate 911 dialing for any new number.
- 2.7. Change of Physical Location of Equipment:911 DIALING WILL NOT FUNCTION CORRECTLY IF YOU MOVE YOUR 50TEL EQUIPMENT TO A LOCATION OTHER THAN THAT PROVIDED WHEN YOU REGISTERED FOR THE SERVICE. IN SUCH EVENT, IN ORDER TO HAVE 911 CALLING ROUTED CORRECTLY, YOU MUST UPDATE YOUR SERVICE ADDRESS IN ACCORDANCE WITH THE INSTRUCTIONS ON THE 50TEL SERVICE WEBSITE.
- 2.8. Possibility of Network Congestion and/or Reduced Speed for Routing 911:Due to the manner in which it is technically possible to provide the 911 dialing feature for 50TEL VoIP Service at this time, you acknowledge and understand that there is a greater possibility of network congestion and/or reduced speed in the routing of a 911 communication, made utilizing your equipment as compared to traditional 911 dialing over traditional public telephone networks. You acknowledge and understand that your call may be routed to a different dispatcher than that used for traditional 911 dialing. The dispatcher will be located at either the public safety answering point (PSAP) or will be local emergency service personnel designated for the address you listed at the time you registered for the service. You acknowledge and understand that there may be a greater possibility that the general telephone number for the local emergency service provider will produce a busy signal or will take longer to answer, as compared to those 911 calls routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls using traditional 911 dialing.
- 2.9. Automated Number Identification:At this time in the technical development of E-911 dialing, it may or may not be possible for the Public Safety Answering Point (PSAP) and the local emergency personnel to identify your phone number when you dial 911. E-911 is configured in most instances to send the automated number identification information; however, the phone system routes the traffic to the PSAP and the PSAP itself must be able to receive the information and pass it along properly, and they are not yet always technically capable of doing so. You acknowledge and understand that PSAP and emergency personnel may or may not be able to identify your phone number in order to call you back if the call is unable to be completed, is dropped or disconnected, or if you are unable to speak to tell them your phone number and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.
- 2.10. Automated Location Identification:At this time in the technical development of E-911 Dialing, it may not be possible to transmit identification of your service address that you have listed to the Public Safety Answering Point (PSAP) and local emergency personnel for your area when you dial 911. You acknowledge and understand that you may need to state the nature of your emergency promptly and clearly, including your location, as PSAP personnel will NOT have this information. You acknowledge and understand that PSAP and emergency personnel may not be able to find your location if the call is unable to be completed, is dropped or disconnected, if you are unable to speak to tell them your location, and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.
- 2.11. Alternative 911 Arrangements:YOU ACKNOWLEDGE THAT THIS SERVICE IS NOT OFFERED AS A PRIMARY LINE OR LIFELINE SERVICE. YOU SHOULD ALWAYS HAVE AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 SERVICES.
- 3. CANCELLATION OF SERVICE
- 3.1. Cancellation of Service: Requires written authorization in the form of fax or letter by mail to the current contact information found on the 50TEL website.
- 3.1.1. This is to protect you from unwarranted changes or interruptions to your phone service.
- 3.1.2. If mailed it must be by certified mail.
- 3.2. Cancellation Time Frame: May take up to seven (7) business days to become effective.
- 3.3. Form of Payment: Your form of payment method on file will be charged for any remaining usage charges after contacting 50TEL to cancel your Service.
- 3.4. Refunds: As we bill monthly in advance, no refund will be given for any remaining usage/days for the given month of cancellation.
- 3.5. Deposit: If any account payment is denied more than three(3) times 50TEL reserves the right to cancel service and or request a deposit
- 3.6. Overdue: If any payments are outstanding for more than thirty (30) days then 50TEL reserves the right to immediately terminate the service without writing or notification.
- 3.7. Return of Equipment: When you cancel your service you must request a RMA (return merchandise authorization) form from customer service. This is to be included in the returned package(s) for proper return and approval.
- 3.7.1. Insurance Shipping Coverage: In order for any equipment to be considered returned the equipment must be sent back, using any carrier of your choice, with the appropriate insurance amount found on the RMA.
- 184.108.40.206. Damages During Return Shipping: If the equipment is damaged during the return process and the listed insurance coverage is not obtained by you, then the damages that are not covered by the shipping provider will be at your expense and will be charged to the payment form on file.
- 4. Billing and Payment for Service
- 4.1. Statement: 50TEL will supply you with a monthly statement by e-mail which will include charges for, but not limited to:
- 4.1.1. Monthly service fee.
- 4.1.2. Charges that are for calls to outside the continental United States.
- 4.1.3. Additional Equipment Charges.
- 4.1.4. Directory Assisted Calls
- 4.1.5. Regulatory, Compliance and Intellectual Property Fees
- 4.1.6. Federal Program Fees - USF
- 4.1.7. Disconnect/Cancellation Fees
- 4.1.8. State Sales Tax
- 4.1.9. Country 911 Tax
- 4.2. Payment Process: 50TEL will bill all charges, applicable taxes and surcharges monthly in advance (except for usage-based charges, which will be billed monthly in arrears) to your credit card, or automatically withdrawn via ACH from the account that you designated when signing up for service.
- 4.3. Timeliness: Billing will commence upon signature of this SLA and Service Order.
- 5. Late Payment Charge & Billing
- 5.1. Partial/ Late Payments: Acceptance of late or partial payments (even if marked “paid in full”, with other restrictions or likewise) shall not be acceptance of partial payment as an agreement under any terms.
- 5.2. Restrictions: You agree that the above does not restrict us from collecting the remaining portion of any unpaid fees, charges or other incurred costs.
- 6. Price Changes and other Modifications
- 6.1. Changes: Notwithstanding any terms to the contrary regarding price changes in the Pricing Guarantee or anything else therein, 50TEL may change the prices and charges for 50TEL Voice Services and/or long distance and international calling from time to time. You agree that we may decrease prices without providing advance notice. Increases to the prices or charges for the Services and/or international calling are effective no sooner than the following billing cycle after we notify you of such changes. Increases to charges that recover our costs associated with government programs are effective no sooner than 3 days after we notify you of changes.
- 7. Charges for Directory Calls
- 7.1. Fees: 50TEL will charge $2.50 for each call made to directory assistance.
- 8. Allowances for Interruption of 50TEL Voice Service
- 8.1. As-Is: You acknowledge and agree that the Services are provided "as is." Credit allowances for interruption of 50TEL Voice Service, including international calling services, will not be provided.
- 8.2. Lost Revenue: You also acknowledge and agree that 50TEL will not be held responsible or liable for any loss of revenue or income, even if 50TEL is deemed at “fault”.
- 9. Dispute Resolution and Mandatory Arbitration
- 9.1. Dispute Agreement: You agree that you will first negotiate with us in good faith to settle any claim or dispute between you and us in any way related to or concerning the agreement, or our provision to you of the Service or a Device ("claim"). You must send a written description of your claim by certified mail to:
ATTN: BILLING DISPUTE
P.O. Box 727
Jackson, MI 49204
- 9.2. Court: Instead of suing in court, you agree that any claim that has not been resolved after our good faith negotiation must be submitted to final, binding arbitration.
- 9.3. Extent of Claims: This agreement to arbitrate extends to claims that you assert against other parties, if you also assert claims against us in the same proceeding.
- 9.4. Arbitration: The Agreement involves Interstate Commerce and the Federal Arbitration Act and federal arbitration law govern arbitrations under this Agreement.
- 9.5. Arbitrator Limits: An arbitrator may only award as much relief as a court having jurisdiction in the place of arbitration, limited to the same extent that a court would limit such relief and consistent with the provisions of this Agreement.
- 9.6. Arbitrator Relief: An arbitrator may order injunctive or declaratory relief (so long as that injunctive or declaratory relief does not apply beyond your dealings with us) or summary judgment under applicable law.
- 9.7. Arbitration Fees: You will pay your share of the arbitrator's fees except: (a) for claims less than $25, we will pay all arbitrators’ fees and (b) for claims between $25 and $1000, you will pay $25 for the arbitrator's fee.
- 9.8. Independent Fees: You and we agree to pay our own other fees, costs and expenses including those for counsel, experts, and witnesses.
- 9.9. Representatives: Neither you nor we may be a representative of other potential claimants or a class of potential claimants in any dispute, nor may two or more individuals' disputes be consolidated or otherwise determined in one proceeding.
- 9.10. Proceedings: While the prohibition on consolidated or class-wide proceedings in this Agreement will continue to apply: (a) you may take claims to small claims court, if they qualify for hearing by such court and (b) if you fail to timely pay amounts due, we may assign your account for collection and the collection agency may pursue such claims in court limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement, as explained in the "Late Payment Charge & Billing Disputes" section above.
YOU AND 50TEL ACKNOWLEDGE AND AGREE THAT THIS SECTION WAIVES ANY RIGHT TO A JURY TRIAL OR PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN A CLASS ACTION. IF A COURT OR ARBITRATOR DETERMINES THAT YOUR WAIVER OF YOUR ABILITY TO PURSUE CLASS OR REPRESENTATIVE CLAIMS IS UNENFORCEABLE, THIS ARBITRATION AGREEMENT WILL NOT APPLY AND OUR DISPUTE WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION, OTHER THAN A SMALL CLAIMS COURT. SHOULD ANY OTHER PROVISION OF THIS ARBITRATION AGREEMENT BE DEEMED UNENFORCEABLE, THAT PROVISION SHALL BE REMOVED, AND THE AGREEMENT SHALL OTHERWISE REMAIN BINDING.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD 50TEL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF YOUR SERVICE, RELATING TO OR ARISING OUT OF THE SERVICES, THE PHONE EQUIPMENT, OR ITS INSTALLATION, OR THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO THE LACK OF 911 DIALING OR DIALING ASSOCIATED WITH A SECURITY SYSTEM. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
50TEL can assign all or part of our rights or duties under this Agreement without notifying you, and without such assignment being considered a change to the Agreement. In such cases, 50TEL will have no further obligations to you. You may not assign this Agreement or the Services under any circumstances without our prior written consent. Subject to these restrictions, this Agreement will bind the heirs, successors, subcontractors, and assigns of the respective parties, who will receive its benefits.
Notices from you to 50TEL must be provided as specified in the Service Order. Notice from you to 50TEL should be made to the mailing address noted on the service order. Likewise all communications to you will be made to the billing address provided by you in the service order. Any notifications via email will only be considered accepted and received upon a reply noting the party received it.
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
This Agreement concerning 50TEL Voice Services between us and customer supersedes all prior agreements, understandings, statements or proposals concerning the 50TEL Voice Service, including representations, whether written or oral.
You represent that you may legally enter into this Agreement, have reviewed this Agreement and have read and clearly understand its terms. If you are acting on behalf of a corporation or other entity, you represent that you have full authority to bind that entity and if not, you agree to accept personal liability for the account. You are responsible for all charges incurred by any person you authorize to access your account, or allow to use the Service.
This entire SLA represents 50TEL's sole responsibility and the Customer's sole remedy related to 50TEL Business VoIP Service regarding the Voice Service Application SLA.
CHANGES TO THIS AGREEMENT
50TEL reserves the right to change, amend, or revise this SLA at any time. Changes or revisions to the SLA will be deemed effective upon posting the applicable revision on 50TEL's website