- PAYMENT AND BILLING
1.1 Customer is responsible for payment of all charges for services furnished pursuant to this agreement.
1.2 Monthly charges are due and payable by Customer upon receipt of TelTec, Inc.’s (“TelTec”) invoice. Credit Card customers will be charged within 24 hours following the mailing or emailing of an invoice. Payment must be made to TelTec at the address set forth on the invoice. Any disputes must be communicated to TelTec in writing within fifteen (15) days of receipt of TelTec’s invoice and submitted with full payment of all undisputed charges. If TelTec determines that it properly imposed the disputed charges, it will re-bill the charges on the billing cycle following its determination.
1.3 A late payment charge of 10% of the total monthly reoccurring fee, not to exceed the highest rate allowed by law, will be charged on any outstanding balance after (30) days from the invoice date. TelTec may discontinue any unpaid service without notice if service charges are not paid within 21 days of the following written notice by TelTec to Customer of nonpayment.
1.4 Taxes and other E911, local, state or federally charged, imposed or authorized fees, charges and surcharges are not built into TelTec’s rates, and therefore, will be included on Customer’s invoice. Customer agrees to pay all such amounts.
1.5 A minimum $25.00 service charge will be added to all returned checks for which there are insufficient funds.
1.6 Processing of the Customer order begins upon receipt of a signed Service Agreement. Billing for Services will commence when the services are completed to the Customer’s Service Address.
1.7 If Customer fails to pay all amounts due, including termination fees under paragraph 5, Customer will, in addition to all other payments due, pay all costs associated with the collection of past due amounts, including court costs and attorney fees.
- ENFORCEABILITY. This Agreement is not valid and enforceable unless it is signed by both TelTec and Customer.
- TERM. The initial term will commence on the date service is first provisioned and continue for the term agreed upon by TelTec and Customer. Upon the expiration of the initial term, this Agreement will renew on an annual basis, without further action by the parties, unless Customer and TelTec agree in writing to extend the term. Either party may terminate this Agreement at the end of the initial term or a subsequent term by delivery of written notice to the other no less than thirty (30) days prior to the expiration of such term. Email is acceptable as written notice.
- TERMINATION BY TelTec. Notwithstanding anything to the contrary contained in this Agreement, TelTec may discontinue services or terminate this Agreement for any of the following reasons: (i) Customer fails to pay any invoice when it is first due, provided TelTec gives Customer written notice at the last address shown on TelTec’s records, and an opportunity to cure the payment default by making payment within twenty-one (21) business days following the postmark of such notice. TelTec’s actions will be in accordance with (ii) Regulatory or other governmental actions which adversely affect the cost of providing service; (iii) Customer furnishes false or misleading customer information; and (iv) Customer fails, in TelTec’s sole discretion, to maintain satisfactory credit qualifications.
- TERMINATION BY CUSTOMER. Customer may terminate this Agreement if TelTec is in material breach of any condition and fails to cure such material breach within ten (10) business days following the postmarked date of notice thereof from Customer. If Customer terminates this Agreement prior to its expiration, other than as a result of TelTec’s material breach, or if TelTec terminates this Agreement for Customer’s breach (including nonpayment), Customer agrees to pay an early termination charge calculated as follows: one hundred percent (100%) of Customer’s average historical monthly charges for two months. Customer expressly acknowledges that early termination of this Agreement will result in damages to TelTec, that the early termination fee calculation is a reasonable estimation of such damages, and is intended as liquidated damages and not as a penalty.
- LIMITATION OF LIABILITY. TelTec warrants that the service provided to Customer shall be usual and customary. Customer agrees that damages arising hereunder are limited to the amount actually paid by customer for services and other expenses actually incurred by Customer for mitigation of damages due to TelTec’s material breach of this Agreement, and TelTec is not liable to Customer for any other consequential or punitive damages.
- INSTALLATION. TelTec agrees to provide to Customer the service configurations as described within this agreement. Subsequent Service Agreements, if any, shall establish any changes to service. Installation includes setup and programming of the service and training. If the Customer determines to install physical equipment, it is the Customer’s responsibility to provide necessary connection(s) to any equipment including any cabling necessary to connect such services to Customer’s equipment location. TelTec will notify Customer in advance of any equipment or cabling necessary to be provided by Customer so that service can be provided on a timely basis. Customer will not “guess” as to what is needed for service to be properly provided by TelTec.
- EQUIPMENT All equipment provided by TelTec in accordance with this agreement will remain the sole property of TelTec. TelTec warrants the Equipment against defective parts during the term of this agreement. Upon notification of a defect, TelTec shall have the option to repair or replace the defective part, and such repair or replacement shall be Customer’s sole and exclusive remedy. Any warranty shall be void as to equipment damaged or rendered unserviceable by negligence of non-TelTec personnel, misuse, theft, vandalism, fire, water or other peril or by conditions outside of specifications including, but not limited to electrical power, temperature, humidity or dust. Any warranty shall be void as to Equipment being moved or altered by non-TelTec personnel without prior TelTec authorization. Any moves, adds or changes to the equipment will be billed on a time and material basis at TelTec’s prevailing rates.
- ADJUSTMENTS. During the term of this Agreement TelTec may, for reasons which adversely affect the cost of providing service, increase the rates charged to Customer, delete or modify services provided hereunder, or pass through to Customer all or a portion of any charge or surcharge directly or indirectly related to such regulatory activity, subject to proof by TelTec to Customer of such additional charge or surcharge and prior advance written notice by TelTec to Customer of not less than 30 days. If a rate increase is instituted by TelTec for other than regulatory reasons, Customer may terminate without penalty. Any services and/or equipment added by Customer during the term of this Agreement will be incorporated into this Agreement and become subject to these Terms and Conditions only if Customer and TelTec agree in a writing signed by both of them specifically providing that such service is added.
- GENERAL This Agreement represents the entire understanding and agreement between the parties and supersedes all prior agreements, whether written or oral. No change, alteration or amendment of any term or condition of this Agreement is authorized or effective unless approved in writing by a TelTec officer. This Agreement is a legally binding contract between TelTec and Customer which binds and inures to the benefit of their respective principals, successors and assigns.
PHONE SERVICES TERMS AND CONDITIONS
This Agreement (“Agreement”) is between TelTec, INC., and an end-user (Customer) of TelTec’s enhanced voice communications services as described below. This Agreement governs both the services described below and any devices, such as IP telephone, Multimedia Terminal Adapter, Analog Telephone Adapter or any other IP connection device provided by TelTec for use in conjunction with the services, including but not limited to the “TelTec Equipment” or “Device” (as defined herein). In this Agreement, “you” and “your” mean the CUSTOMER of the TelTec services defined below, and “TelTec,” “we,” “our,” and “us” mean TelTec, INC., and any TelTec affiliates authorized to provide you with TelTec services.
BY ENROLLING IN, ACTIVATING, USING, OR PAYING FOR THE SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS IN THIS AGREEMENT, INCLUDING THOSE PERTINENT TO 911 EMERGENCY DIALING, AND TO THE PRICES, CHARGES, TERMS AND CONDITIONS PROVIDED TO YOU WITH RESPECT TO THE SERVICE DURING THE SERVICE REGISTRATION PROCESS, INCLUDING MARKETING MATERIALS ASSOCIATED WITH YOUR OFFER, AND ON THE TelTec WEB SITE, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THE AFOREMENTIONED TERMS AND CONDITIONS, DO NOT USE THE SERVICES, AND CANCEL THE SERVICES IMMEDIATELY BY CALLING TelTec AT 1-317-390-8585 FOR FURTHER DIRECTIONS.
- SERVICE DESCRIPTION: TelTec’s HOSTED IP Communication Service (“HOSTED IP”) is an enhanced voice communication service whereby the voice communication is converted to Internet Protocol (“IP”) and carried, in part, over high-speed Internet access, also known as broadband Internet service. This service may be generically referred to as “Voice over IP”. It is separate and distinct from standard TelTec Local, Local Toll and Long-Distance services. “Service” or “Services” is defined to include Voice over IP local and nationwide direct dialed calling within the United States and certain calling and call management features or advanced features associated with the Service, including additional or advanced features, which TelTec, in its sole discretion, may add, modify, or delete from time to time.
- SERVICE REQUIREMENTS: HOSTED IP Service requires: (a) an IP telephone obtained through TelTec or an approved third party that is capable of connecting to your broadband connection, or (b) specialized customer premises equipment called a telephone adapter (“TA” or “TelTec Equipment” or “Device”) obtained through TelTec or a third party that allows connectivity from a regular telephone handset (which you need to supply) to your broadband connection and which you are responsible for installing yourself pursuant to instructions provided to you by TelTec; and (c) a broadband connection via cable modem (2-way cable) or DSL with broadband capability of at least 90 Kbps upstream speed that you have a right to use at your own expense. Since voice over IP is dependent on the broadband connection, the availability of an adequate power supply and correct Device configuration, TelTec 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.
- EMERGENCY SERVICES- 911 DIALING & NON-VOICE SYSTEMS.
3.1. Non-Availability of Traditional 911 or E911 Dialing Service.
At TelTec, 911 dialing service operates differently than traditional 911. You agree to inform any business invitees, guests and other third persons who may be present at the physical location where you utilize the Service of the non-availability of traditional 911 or E911 dialing from your TelTec Service and equipment. The physical location where you utilize the Service must be the actual physical street address where the equipment is located, not a P.O box, mail drop or similar address.
3.2. Description of 911-Type Dialing Capabilities.
TelTec offers 911-type dialing service in certain areas that differs from traditional 911 services. When you dial 911 your call is routed from the TelTec carrier-partner network to the Public Safety Answering Point (PSAP) or local emergency service personnel designated for the address that was collected during the setup of the service. If you move or move equipment from one TelTec service address to another, your call may be routed to a different PSAP or local emergency service personnel, who may ask you to provide your location and other information.
Calls dialed by handset extensions included in your account with TelTec will be routed from the TelTec carrier-partner’ network to the PSAP or local emergency service personnel designated for the address that was collected during the setup of the service. In the event that your equipment is used in multiple locations, or in the event that one or more items of equipment are used in multiple locations, end users designated as administrators on your account may, at your option, create additional service locations and associate your equipment to specific locations for the purposes of routing calls to the local PSAPs for such locations. Individual end users may assign and re-assign their current location on an as-needed basis, provided however, that the -“Office Manager”, or System Administrator has previously activated that functionality. Updates can be made at by contacting TelTec at email@example.com or by calling 317-390-8585. It is your sole responsibility to make these changes and to ensure that all business invitees, guests and other third persons who may be present at the physical location(s) where you utilize the Service are aware of this option.
For any TelTec extensions assigned to a non-US 911 location, calls placed to 911 will be routed to a US-based call center that may not be able to offer local emergency assistance to the caller.
3.3 Service Outage.
You acknowledge and agree that (a) 911 dialing does not function in the event of a power failure or disruption. If an interruption in the power supply occurs, the Service and 911 dialing will not function until power is restored and you may have to reset or reconfigure equipment prior to utilizing the Service or 911 dialing; (b) service outages or suspension or termination of service by your broadband provider and/or ISP or by TelTec will prevent ALL Service including 911 dialing; (c) service outages due to suspension of your account as a result of billing issues will prevent ALL Service, including 911 dialing; (d) if there is a service outage for ANY reason, such outage will prevent ALL Service, including 911 dialing; and (e) TelTec liability is limited for any service outage and/or inability to dial 911 from your line or to access emergency service personnel.
3.4. Possibility of Network Congestion and/or Reduced Speed for Routing or Answering 911.
You acknowledge and agree that (a) network congestion and/or reduced speed in the routing of a 911 communication made utilizing your equipment may be greater than that experienced when using traditional 911 dialing over traditional public telephone networks; (b) 911 dialing from your equipment will be routed to the general telephone number for the local emergency service provider (which may not be answered outside business hours), and may not be routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls at such local provider’s facilities when such calls are routed using traditional 911 dialing; and (c) the general telephone number for the local emergency service provider may produce a busy signal or may 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.
3.5. Automated Number Identification.
Technical limitations may make it impossible for the Public Safety Answering Point (PSAP) and the local emergency personnel to identify your phone number when you dial 911. The local emergency operators answering the call may not see your telephone number or your registered address. The emergency center may not be equipped to receive, capture or retain your telephone number and registered address, so you must be prepared to give them this information. Until you give the operator your phone number, he/she may not be able to call you back or dispatch help if the call is dropped or disconnected, or if you are unable to speak.TelTec’S system is configured to send the automated number identification information; however, one or more telephone companies that route the traffic to the PSAP, and the PSAP itself, may not be able to receive the information and pass it along. You acknowledge and agree that PSAP and emergency personnel may or may not be able to identify your phone number in order to call you back if (a) the call is unable to be completed; (b) the call is dropped or disconnected; c) you are unable to speak to tell the dispatcher the location of your phone number and/or (d) the service is not operational for any reason.
3.6. Limitation of Liability and Indemnification Related to E/911 Dialing.
TelTec relies on third parties for the forwarding of information underlying such routing. TelTec and its third-party provider(s) disclaim any and all liability in the event such forwarded information or routing is incorrect. TelTec and its officers, directors or employees may not be held liable for any claim, damage, loss or other cause of action, relating to E/911 dialing under the disclaimer and limitations on liability of Section 6 above.
You agree to defend, indemnify and hold harmless TelTec, its officers, directors, employees, affiliates, agents and its third-party provider(s) from any and all third party claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising out of, or resulting from (a) your failure to correctly activate 911 calling; or (b) your provision to TELTEC of incorrect information in connection with your 911 calling or service.
3.7. Alternative 911 Arrangements.
You acknowledge and agree that (a) TelTec does not offer primary line or lifeline services; (b) the equipment and Services do not support 911 emergency dialing or other emergency functions; and (c) users of the Services, who may place calls using your phone services, need to be notified of the 911 limitations.
TelTec ADVISES YOU TO MAINTAIN AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 SERVICES SUCH AS TRADITIONAL TELEPHONES AND CELLULAR PHONES. YOU SHOULD ALWAYS HAVE AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 OR E911 SERVICES.
- PRIVACY AND SECURITY: You acknowledge and understand that TelTec cannot guarantee that voice over IP communication is completely secure if you utilize Voice over IP communications, in whole or in part, the public Internet and third party networks to transmit voice and other communications. TelTec always respects your privacy and treats the content of all communications as private, except as may be required by law.
- USE OF SERVICE
- You agree to use the Service and the Device only for lawful purposes. You will not use the Service or the Device for any unlawful, abusive, or fraudulent purpose, including, for example, using the Service in a way that:
- interferes with our ability to provide Service to you or other customers; or
- avoids your obligation to pay for communication services. If TelTec has reason to believe that you or someone else is abusing the Service or using it fraudulently or unlawfully, we can immediately suspend, restrict, or cancel the Service without advance notice. The Device is intended for use only in the United States. If you remove the Device to a country other than the United States and attempt to 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. TelTec reserves the right to terminate your service immediately and without advance notice if you violate the above restrictions, leaving you responsible for all outstanding charges, all of which immediately become due and payable.
- REASONABLE USE POLICY: TelTec, Inc. may determine that abnormal, unreasonable or usage that is not allowed is occurring, and may take action, including, but not limited to, immediate suspension of your TelTec, Inc. service. Other unusual activity includes, but not limited to, excessive: unique numbers called, call lengths, call forwarding/transferring, conference calling, short duration calls, number of calls made during a month, number of calls made to a conference calling service during a month, number of calls made during business hours, number of calls terminated and re-initiated consecutively, which, in the aggregate, result in excessive call lengths during a specific time frame; or other abnormal calling patterns indicative of an attempt to evade enforcement of this Reasonable Use Policy. TelTec, Inc. reserves all legal rights. TelTec, Inc. reserves the right to change this Reasonable Use Policy at any time.
- THEFT OF TelTec EQUIPMENT OR SERVICE: You agree to notify TelTec immediately, in writing or by calling the TelTec customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft or stolen or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you.
- PROHIBITED USES OF SERVICE: The TelTec, Inc. service may not be used for auto-dialing or fax/voice blasts, for the purposes of telemarketing, operating without live dialog, including use as a monitor, intercom or for transcription purposes. You are expressly prohibited from reselling or transferring the Service or TelTec Equipment to any other person for any purpose, without express written permission from TelTec in advance. If TelTec determines, in its sole discretion, that you are reselling or transferring the Service or that your Service is being used for any activities that are inconsistent with its purpose, TelTec reserves the right to immediately terminate without advance notice or modify the Service and to assess additional charges for each month in which excessive usage occurred.
- 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 you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on TelTec’s web site(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 TelTec are and shall remain the exclusive property of TelTec and nothing in this Agreement shall grant you the right to 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 TelTec, which TelTec 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 TelTec against any and all liability arising out of your use of such interface device with the Service.
- TAMPERING WITH THE DEVICE: You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from TelTec in each instance. TelTec reserves the right to terminate your Service should you tamper with the Device.
- INDEMNIFICATION: CUSTOMER AGREES THAT TELTEC SHOULD NOT BE RESPONSIBLE FOR THIRD-PARTY CLAIMS AGAINST US THAT ARISE FROM CRIMINAL OR CIVIL MISCONDUCT ARISING SPECIFICALLY OUT OF CUSTOMER’S USE OF THE TELEPHONY AND/OR INTERNET SERVICES PROVIDED UNDER THIS AGREEMENT OR SUCH MISCONDUCT BY AN AGENT GRANTED PERMISSION BY THE CUSTOMER TO USE THE SERVICES. THIS CLAUSE DOES NOT EXTEND TO GROSS NEGLIGENCE OR WILLFUL MISCONDUCT ON THE PART OF TELTEC AND ITS AGENTS WHILE ON THE PREMISES OF THE CUSTOMER OR TELTEC’S OR ITS AGENTS USE OF REMOTE ACCESS OF THE CUSTOMER’S TELEPHONY AND INTERNET SERVICES. FURTHER, CUSTOMER AGREES TO RELEASE TELTEC FROM ANY CLAIMS CUSTOMER WOULD HAVE AGAINST TELTEC, UNLESS SUCH CLAIMS ARE BASED ON TELTEC’S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. THIS PROVISION WILL CONTINUE TO APPLY AFTER THE AGREEMENT ENDS.
- USE OF CUSTOMER INFORMATION: From time to time TelTec is able to provide the customer with product marketing or education information based on existing or presumed use of one or more of TelTec services. This information is called Customer Proprietary Network Information or CPNI. TelTec may use CPNI to advise the Customer on utilizing existing or new related products. TelTec does not sell or provide this information to any third parties, other than the E911 records required by law if you are a telephone customer. Customer has a right to restrict TelTec’s access to CPNI. If you choose to opt-out of TelTec’s use of CPNI, please contact our office to be placed on a list where we will not use your CPNI. Further, the Customer hereby gives TelTec permission to contact them at the phone number listed in the service agreement about future services that TelTec will be offering that may be of interest to Customer.
- WAIVER OF RIGHT TO TRIAL BY JURY: Customer and TelTec each irrevocably waive any right to a jury trial in any proceeding brought to interpret or enforce the terms of this Agreement.
- NO THIRD PARTY RIGHTS: This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.
- ACTS BEYOND OUR CONTROL: Neither you nor we will be responsible to the other for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control, except that you must pay for any Services used.
- ASSIGNMENT: We can assign all or part of our rights or duties under this agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement or the Services without our prior written consent.
- NOTICES: Notices from you to TelTec must be provided as specified in this Agreement. Notice from you to TelTec made by calling TelTec at 317-390-8585 is effective as of the date that our records show that we received your call. TelTec’s notice to you under this Agreement will be provided by one or more of the following: posting on our web site, recorded announcement, bill message, bill insert, newspaper ad, postcard, letter, call to your billed telephone number, or e-mail to an address provided by you.
- SEPARABILITY: If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.
- GOVERNING LAW: This Agreement is governed by the Federal Communications Act to the extent applicable, and otherwise this Agreement will be governed by the law of the State of Indiana, without regard to its choice of law rules, By using the Services, you hereby agree that the exclusive jurisdiction for any and all disputes regarding this Agreement shall lie in the federal or state courts of Marion County, Indiana.
Customer hereby appoints TelTec, Inc. (“TelTec”) as agent in all matters relating to Customer’s local, long distance and internet services to the extent those services are selected by Customer as indicated above. TelTec is authorized to contact Customer’s local telephone company to activate this service immediately. Customer understands that it may designate only one interLATA long distance carrier per telephone line and one intraLATA long distance carrier per phone line. Customer agrees to pay all charges incurred on this account, including Internet access, local, long distance, toll free and calling card calls, taxes, tax-like charges, other surcharges, all FCC imposed or authorized charges and charges for access and access related charges. Customer is authorized to execute this agreement and acknowledges by signature that Customer has read, understands and agrees with all the terms and conditions contained within this Agreement. Customer agrees to the terms and conditions contained in this Agreement, as well as to pay regulatory fees and tariffs which may be modified by the levying agency and passed along to the Customer by TelTec from time to time and thereby affect the services furnished to Customer. In the event of a conflict, the terms and conditions of any existing or new regulatory requirement supersede the terms of this Agreement.