VOIP & IT

This agreement (“Agreement”) is between FLTECHS (“Provider”) and the End-User (“End-User”) of the VOIP Digital Phone service and IT Services. Any Provider services or products (“Services”) made available to End-User shall be governed by the terms and conditions herein. By activating the Services, End-User acknowledges receiving, reading and understanding this Agreement and accepts the terms and conditions herein. End-User acknowledges that they are of legal age (18 years or older) to enter into this Agreement.

TERMS AND CONDITIONS.
The terms and conditions stated herein are in lieu of and replace any and all terms and conditions set forth in any documents issued by End-User, including, without limitation, purchase orders and specifications. Any additional, different, or conflicting terms and conditions on any such document issued by End-User at any time are hereby objected to by Provider, and any such documents shall be wholly inapplicable to any sale made or service rendered hereunder and shall not be binding in any way on Provider. No waiver or amendment to this contract or these terms and conditions shall be binding on Provider, unless made in writing expressly stating that it is such a waiver or amendment and signed by a duly authorized representative of Provider.

TERM.
Unless otherwise indicated, the Service is month-to-month with no term. The term of this Agreement (“Term”) begins on the date that End-User purchases Services and continues monthly for the duration of the service period. At the end of each month, the Term is automatically renewed for the following month unless End-User provides Provider, prior to the end of the current Term, notification of intention to terminate the service. End-User agrees to pay for Services for the duration of the Term. Expiration of the Term does not alleviate End-User of responsibility for paying all unpaid, accrued charges due hereunder.

Outages due to Electrical, Internet or other General Failures.

End-User acknowledges that the Services will not function in the absence of electrical power, access to the Internet or other general failures associated with the VOIP network. End-User acknowledges that the Services will not function if there is an interruption of End-User’s broadband or high-speed Internet access service.

Battery / Generator Backup Solutions.

End-User acknowledges that battery backup is recommended with VoIP service, and Blue Spring Broadband has offered both 8 hour and 24 hour solutions, and can install these for you at any time. An electrical subcontractor will be used for the installation of 24-hour power backup solutions. If the 24-hour option is selected, End-User will allow Blue Spring Broadband to select a qualified electrician to install the backup generator and associated hardware.

Non-Voice Systems.

End-User acknowledges that the Services are not set up to function with out-dialing systems including home security systems, medical monitoring equipment, satellite television systems and some facsimile systems. By consenting to these terms and conditions, End-User waives any claim against Provider for interruption or disruption of such systems by the Services.

EQUIPMENT.

In offering the Services, Provider may supply Equipment to End-User. The Provider shall maintain ownership of all provided equipment. End-User shall be required to obtain authorization from Provider to return any Equipment. Provider will replace Equipment only if the Equipment is deemed to be defective and covered under the warranty. Provider will not cover replacement for lost, stolen, mistreated or modified equipment. Equipment returned by End-User that is not covered under warranty may be refused by Provider, and End-User will be responsible to pay return shipping charges. A fee of $70 per VOIP adapter will be charged to any End-User who damages Equipment or does not return the Equipment in good working order upon account termination.

BILLING, CHARGES AND PAYMENT.

Upon purchase of the Service and delivery of the equipment, End-User must provide a valid form of payment (Credit Card or Checking Account routing number) End-User authorizes Provider to charge the End-User for all charges arising from End-User’s use of the Services. End-User agrees to notify Provider of any change to the credit card or checking information including, but not limited to, changes in account number, expiration date or billing address. Provider shall not be responsible for any charges made by the credit card issuer or bank to End-User’s credit card or checking account for exceeding credit limit, insufficient funds or other reasons.

Provider will send or make available to End-User a monthly on-line invoice for the Services and bill all charges invoiced to End-User’s account to the End-User. Such charges shall include activation fees, monthly service fees, shipping charges, disconnection fees, equipment charges, toll charges, taxes and any other applicable charges.

For Recurring End-User’s account provider may initiate payment for invoices at any time between the invoice issue date and the due date. End-Users are responsible for ensuring that their credit card information is accurate and up-to-date to facilitate timely payment within this period.

LATE/NON-PAYMENT.

If any charges for the Services are due but unpaid for any reason including, but not limited to, non-payment or declined End-User credit card charges, Provider may suspend or terminate the Services and all accrued charges shall be immediately due.

Provider may charge End-User interest of a 10 percent late fee if payment is not received by the due date.

If End-User fails to pay Provider within 60 days of billing date, Provider has the right to permanent disconnect the Services without notice and/or send to collection. Upon disconnect, End-User agrees to immediately pay all amounts owed to Provider. Provider reserves the right to charge End-User a $50.00 re-establishment of service fee. Upon disconnect a valid credit or debit card will be required to reinstate service.

BILLING DISPUTES. End-User must dispute any charges for the Services within thirty (30) days of receipt of the monthly on-line invoice or End-User waives any objection.

PROHIBITED USES.
Any use of the Services or any other action that causes a disruption in the network integrity of Provider or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the Services. End-User understands that neither Provider nor its vendors are responsible for the content of the transmissions that may pass through the Internet and/or the Services. End-User agrees that it will NOT use the Services in ways that violate laws, infringe the rights of others, or interfere with the users, services, or equipment of the network. End-User agrees and represents that it is purchasing the Services and/or the Equipment for its own internal use only, and shall not resell, transfer or make a charge for the Services or the Equipment without the advance express written permission of Provider. Use of service shall not include certain activities including, but not limited to, any autodialing, continuous or extensive call forwarding, continuous connectivity, fax broadcast, fax blasting, telemarketing or any other activity that would be inconsistent with residential or small business usage, unless specifically agreed to otherwise in writing by Provider and End-User.

TERMINATION.
End-User agrees to provide Provider with thirty (30) days notice email termination. End-User shall be responsible for the full monthly service fee for the month during which the notice of termination of service is provided to Provider.

Provider reserves the right, at its sole discretion, to suspend, terminate or change the Services without advanced notice for any reason, including without limitation, misuse of the Services in any way, End-User’s breach of this Agreement, End-User’s failure to pay any sum due hereunder, suspected fraud or other activity by End-User that adversely affects the Services, Provider, Provider’s network or other End-Users’ use of the Services. Provider reserves the right to determine, at its sole discretion, what constitutes misuse of the Services and End-User agrees that Provider’s determination is final and binding on End-User. Provider may require an activation fee to change or resume a terminated or suspended account.

PRIVACY.
Provider utilizes the public Internet and third party networks to provide voice and video communication services. Accordingly, Provider cannot guarantee the security of voice and video communications of End-User. Provider is committed to respecting End-User’s privacy. Once End-User chooses to provide personally identifiable information, it will only be used in the context of the End-User’s relationship with Provider. Provider will not sell, rent, or lease End-Users’ personally identifiable information to others. Unless required by law or subpoena or if End-User’s prior permission is obtained, Provider will only share the personal data of End-User with business partners that are acting on Provider’s behalf to complete the activities described herein. Such Provider entities and/or national or international business partners are governed by Provider’s privacy policies with respect to the use of this data. Upon the appropriate request of a government agency, law enforcement agency, court or as otherwise required by law, Provider may disclose personally identifiable information.

FORCE MAJEURE (EVENTS BEYOND OUR CONTROL.
Provider shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of nature, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties of Provider that may occur in spite of Provider’s best efforts.

INDEMNIFICATION.
End-User agrees to defend, indemnify and hold Provider, its affiliates and its vendors harmless from any claims or damages relating to this Agreement.

DISCLAIMER OF CONSEQUENTIAL DAMAGES.
In no event shall Provider or its vendors be liable for any special, incidental, indirect, punitive or consequential damages or for any damages, including but not limited to loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use services or products provided hereunder whether due to a breach of contract, breach of warranty, the negligence of Provider or its vendors or otherwise.

WARRANTY AND LIABILITY LIMITATIONS.
Provider makes no warranties, express or implied, including, but not limited to, and implied warranties of merchantability or fitness for a particular purpose. Neither Provider nor its vendors will be liable for unauthorized access to Provider’s or End-User’s transmission facilities or premise equipment or for unauthorized access to or alteration, theft or destruction of End-User’s data files, programs, procedures or information through accident, fraudulent means or devices, or and other method, regardless of whether such damage occurs as a result of Provider’s or its vendors’ negligence. Any claim against Provider must be made within 90 days of the event of the claim and Provider has no liability thereafter. Provider’s liability is limited to repair, replacement, credit or refund. Provider may elect to provide a refund in lieu of credit, replacement or repair. All warranties cover only defects arising under normal use and do not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, modification, improper installation, or repairs by anyone other than Provider. In no event shall Provider’s total liability hereunder exceed the amounts paid by the End-User to Provider in the prior twelve (12) months from the date of claim.

EXPORT COMPLIANCE.
End-User agrees to comply with U. S. Export laws concerning the transmission of technical data and other regulated materials via the Services. End-User agrees to comply with applicable local, state and federal regulations governing the locality in which the Equipment and Services are used.

PHONE NUMBERS AND WEB PORTAL DISCONTINUANCE.
Upon expiration, cancellation or termination of the Services, End-User shall relinquish and discontinue use of any Numbers, voice mail access numbers and/or web portals assigned to End-User by Provider or its vendors.

SOFTWARE COPYRIGHT.
Any software used by Provider in connection with the Services and any software provided to End-User in conjunction with providing the Services are protected by copyright law and international treaty provisions. End-User may not copy the software or any portion of it.

NOTICES.
Provider communicates with its End-Users primarily via email. Notices to End-User shall be sent to the email address specified by End-User at the time of registration for the Services or as subsequently specified by End-User (“Email Address”). End-User is responsible for notifying Provider of any Email Address changes. End-User agrees that sending a message to the Email Address is the agreed upon means of providing notification. Email is used to communicate important information about the Services, billing, changes to the Services and other information. The information is time-sensitive in nature. It is required that End-User read any email sent to the Email Address in a timely manner in order to avoid any potential interruption in the Services provided hereunder.

TERMS AND CONDITIONS OF SERVICE FOR END-USERS