Terms and Conditions
These are the terms and conditions by which AustenTel (hereafter “AT”) provides is hosted voice services to its customers. By accepting services from AT whether on a monthly basis or for a term certain, or otherwise, customer agrees to these terms and conditions. If you enter into a contract with AT, the terms of the contract and these Terms and Conditions shall govern the relationship. To the extent that there is a conflict between the Terms and Conditions and the contract entered into between customer and AT, the contract shall govern and control.
1. Agreement Term: The agreement is for the term listed in customer contract and agreed to by customer. Customer acknowledges that it is receiving a reduced monthly rate in consideration of the Term commitment. Should customer terminate services for any reason prior to the end of the term, Customer shall be responsible for all payments for the remaining months of the term and such amount shall be accelerated and due and payable on the date of Customer’s termination of services. If there is not contract with a term certain, than AT is providing its services on a monthly basis.
2. Location: The location(s) where AT shall initially provide the Voice Services shall designated by Customer.
Customer shall notify AT as soon as practicable should any location change or the services to be provided to specific locations changes and acknowledges that changes made may result in a delay of the start date.
3. Changes in Service: Increases in the VOICE Services AT is providing will result in additional charges. AT cannot guarantee that the rates being provided will be the rates for the additional services as such additional services will be billed at the then current rates being charged by AT or some other negotiated and agreed to amount between Customer and AT. Customer may reduce services being provided; however, AT shall still be entitled to the total monthly charges under a Term Agreement. If Customer increases the Voice Services being provided that results in an increase in the monthly charges, the changes and charges will become a part of the Customer contract entered into with AT, if any, and these Terms and Conditions and the increased Voice Services will be subject to the remaining Term of the Agreement and Customer WILL be responsible for all monthly charges through the end of the Term of the Agreement, if one exists.
4. The VOICE Services and VOIP/PBX Services to be provided are:
Hosted voice services off premises unless otherwise noted in this contract.
The VoIP Services convert voice communications into Internet protocol ("IP") for two-way calling, and provide a range of other related features and functionalities.
VoIP Services versus traditional telephone services. The VoIP Services are not traditional telephone services, and we provide them on an as-is basis. Important distinctions exist between traditional telephone services and the VoIP Services. Some but not all of these distinctions are outlined in this Agreement. The VoIP Services are subject to different regulatory treatment than traditional telephone services. This treatment may limit or otherwise affect your rights and remedies before regulatory agencies and courts.
AT, from time to time, may alter, change or modify the services being provided and offered as equipment/programs/software changes are made and Customer acknowledges and agrees that this will not affect the contract or Customer’s obligations in any manner. AT reserves the right to change the VoIP Services that we offer, and our prices or fees related to such VoIP Services at any time. If the change affects you, we will provide you Notice of the change and its effective date. Changes in prices will become effective upon 30 days’ notice.
Service Outages: At AT's sole option, it may credit you for any outages of the VoIP Services in an amount to be determined by AT. The maximum amount of credit in any calendar month shall not exceed 10% of the monthly recurring for the VoIP Services that month. CUSTOMER ACKNOWLEDGES THAT FROM TIME-TO-TIME SERVICE OUTAGES CAN OCCUR. AT WILL UTILIZE BEST EFFORTS, SERVICE OUTAGES SHALL NOT AFFECT CUSTOMER’S PAYMENT OBLIGATIONS UNDER THIS AGREEMENT.
Equipment/Telephones: To use AT Voice Services, VoIP and PBX Services, you will need special telephones or other equipment. You have the option to rent or purchase this equipment if you do not otherwise have it. This is detailed below.
Directory Listing: The phone number that you use with the Voice Services will may not be listed in any directories. Further action may be required to ensure that such telephone numbers are listed in directories. You agree that this is Your responsibility unless AT is contracted specifically for this purpose. You provide AT with authorization to port your telephone numbers to AT.
5. Concurrent Connections: This is the total number of users which may simultaneously use the system and services being provided. Should Customer find that additional Concurrent Connections are desired or necessary, Customer shall be responsible for the additional charges. Customer acknowledges and agrees that the initial determination of the total Concurrent Connections was made ultimately by Customer and that AC’s recommendations or assistance in this regard was merely an estimated usage need based upon limited information available to AC and AC is not responsible or liable in any manner should customer have too many or too few Concurrent Connections.
6. Customer Equipment: In order for you to receive the Voice Services and VoIP and PBX Services you are required to have certain equipment such as a telephone, inside wire and outlets, and a powered electrical outlet and or other Customer Equipment. Equipment may be purchased, leased or customer provided. For AC provided equipment listed above and which is purchased by Customer, AC shall warranty the equipment and the installation of the equipment for the Agreement Term or two years, whichever is less. AC is not responsible for any Customer provided equipment and any installation or troubleshooting of such equipment will be charged at the then current rates AC charges for such services, installations or repairs. In the event You lease AC Equipment. Equipment remains property of AC unless otherwise stated. AC will repair and maintain all AC Equipment during the term of this Agreement. You agree that you will not allow AC's Equipment to be serviced by anyone other than AC’s employees, contractors or agents. You shall notify us promptly of any defect in, damage to, or accident involving the AC's Equipment. All maintenance and repair of the AC Equipment shall be performed by us or our designees. AC may charge You for any repairs that are necessitated by any damage to, or misuse of, the AC Equipment.
7. Authority: Customer shall notify AC, in writing, from time to time, with the identities of the persons permitted and authorized to call in changes, change orders, modifications or additions to the VOICE Services and/or equipment AC is supplying and Customer acknowledges and agrees that all such modifications, changes, additions and requests shall be deemed authorized if placed by any person so designated by Customer and that AC may act on such persons requests without liability on the part of AC.
8. BILLING POLICIES AND PAYMENTS FOR THE VOICE SERVICES
Billing and Payment: You agree to pay all amounts billed for the Voice, VoIP and PBX Telephone Services and to pay all taxes, fees and other charges, if any, which are now or may in the future be assessed including to recover amounts that we may be required by governmental or quasi-governmental authorities to
collect from or to pay to others in support of statutory or regulatory programs such as universal service fees, 911/E911 surcharges, telecommunications relay service surcharges, franchise fees, right-of-way fees, and the like. We will bill you each month, in advance, for the recurring fees for AT Voice Services and VoIP and PBX Services provided and used by You. In the event of early cancellation of this Term Agreement for any reason whatsoever, you will be required to pay 100% of the monthly recurring fees for each month remaining in the Term Agreement.
Service Activation Date: Billing for the Voice Services will commence as of the Service Activation Date.
Payment: Payment is due upon receipt of invoice which will be billed monthly. Accounts are in default if payment is not received within 10 days of the due date. If payment is returned to AT unpaid, you are immediately in default and subject to a returned check charge of $35. Accounts unpaid 10 days after due date may have service interrupted or terminated and reconnection fees and deposits may be required. Such interruption does not relieve you of the obligation to pay the monthly recurring fee for the AT Voice Services or any other charges incurred. Deposits will not be held segregated from other funds and shall not earn or accrue interest. Prices are exclusive of any taxes which may be levied or assessed upon the equipment or services provided hereunder. Any such taxes shall be paid by You. Other fees and charges may also be assessed. If You are exempt from otherwise applicable taxes, you must submit your tax identification number and exemption certificate.
Late Payments: You agree to pay us in full monthly by the payment due date for the Services and for any other charges due us, including any fees set forth in this Agreement. Accounts in default are subject to any interest charge on the outstanding balance of the lesser of 1.5% per month or the maximum rate permitted by law. You agree to pay AT its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under this Agreement. If partial payments are made, they will be applied first to the oldest outstanding amounts due.
Failure to Make Payments, Bankruptcy, Insolvency: If you at any time fail, neglect, or refuse to make timely payments hereunder, or if a petition in bankruptcy shall be filed on your behalf or against you, or if you take advantage of any insolvency law or become insolvent or make an assignment for the benefit of creditors, or if a receiver, liquidator, or trustee is appointed for your property or affairs, we shall be wholly relieved from our obligations hereunder.
Costs of Collection: If we use a collection agency or attorney to collect money you owe us or to assert any other right which we may have against you, you agree to pay the reasonable costs of collection or other action. These costs might include, but are not limited to, the costs of a collection agency, reasonable attorney's fees and court costs. If there are billing errors or other requests for credit, you can contact AT by telephone or in writing. You must contact us within 60 days of the time you receive the billing statement for which you are seeking corrections or credits. Failure to timely notify us of a dispute within 60 days shall constitute acceptance of the bill.
Term Agreements: If your account is past due, AT may, at its option, suspend your Services until payment is received, and/or terminate the Term Agreement. In the event that AT early terminates the Term Agreement as a result of your account being past due, you will be required to pay 100% of the monthly recurring fees for each month remaining in the Term Agreement.
9. PBX Programming/Set Up: If AT provides free initial setup and programming of telephone lines, extensions, call routing, voice mail, call ques, ring groups etc., how AT accomplishes this is unique to AT and how AT sets up the PBX system to operate is proprietary information of AT and owned by AT. Customer is not permitted to back up the programmed data for the PBX without written permission from AT. Should Customer terminate services with AT, Customer relinquishes AT data and programming unless otherwise agreed to in writing by AT. AT may charge for Customer to back up AT’s data or purchase the unique manner in which AT has programmed and setup Customer’s Voice and PBX system.
10. Termination of This Agreement:
Continuation of Service: Your Voice Services Agreement, if any, will automatically be renewed for the full term (the number of months identified in the Agreement Term) unless cancelled by Customer or AT in writing sixty days prior to the end of the Term. Charges will remain the same. If AT is unwilling to renew for the Term at the current rates being charged, AT will notify customer of the increased or decreased charge to maintain AT Voice Services 60 days prior to the end of the term. In such a case, Customer may cancel the Agreement and not renew the Agreement for the same term and may notify AT that Customer intends to continue on a month to month basis if notice is provided before the end date of the Term. If Customer is notified 60 days Prior to the end of the Term of a rate change and Customer has not otherwise terminated by giving 60 days notice, Customer has until the end of the Term (last day of service under the Term Agreement) to notify AT that it is terminating. Otherwise, if Customer fails to provide such notice by the end of the term, the expiring contract automatically renews for an identical term. If Customer provides proper notice that it will go month to month under this paragraph, AT upon receiving such notice, shall provide the terms of the month to month Voice Services if different then the Customer’s current charges.
If you have a Term Agreement with AT and provide AT with sixty days notice as required in 9a above, AT may continue to provide the Services on a month-to-month basis under the terms of this Agreement and at the then prevailing charges and AT rates. If this is the case, either party may cancel the month to month service with thirty days advance written notice.
How to Cancel: Month-to-month accounts. You have the right to cancel the VoIP and PBX Services for any reason at any time by notifying AT in writing. For month to-month accounts, the cancellation will be effective at the end of the period covered by the last monthly bill. No refunds or credits will be provided in connection with the cancellation of month-to-month accounts. Term Agreements. If you have a Term Agreement, the cancellation will be effective as of the date the Term Agreement expires. Because you are receiving a discounted price in exchange for the Term Agreement, in the event that you cancel the Voice Services for any reason prior to expiration of Term Agreement, you understand and agree that you are responsible for all payments for all remaining months under the contract term and You are not entitled to any refund or credit for the unused portions of the Term Agreement.
Termination by AT: AT has the right to terminate your Voice, VoIP or PBX Services at any time without providing notice to you if: (i) you fail to pay your bill when it is due; or (ii) You violate the terms of this Agreement.
Outstanding Balance: If your Voice, VoIP or PBX Services are cancelled for any reason, you are still responsible for payment of all outstanding balances accrued, including any applicable fees and taxes if any and if You have a term agreement, You are responsible for all remaining reoccurring monthly payments, taxes, fees and charges and such payments become due immediately upon any event of default or termination of services without cause, by You. YOU ACKNOWLEDGE AND AGREE THAT AT IS NOT RESPONSIBLE FOR SERVICE OUTAGES WHICH MAY OCCUR FROM TIME TO TIME AND SERVICE OUTAGES ARE NOT A BASIS FOR EARLY TERMINATION.
Prepaid Services: Customer may elect to prepay for AT services to lock in rates being charged. In such cases, Customer is doing so with the express understanding that prepayments are nonrefundable and if Customer terminates services without cause, Customer is not entitled to any refund of prepayments. Outages, as stated herein, expressly cannot constitute “for cause” termination and shall not be a basis for any refunds of prepayments.
11. LIMITATIONS ON LIABILITY, SERVICE OUTAGES, 911/E911 SERVICES: The Voice Services include 911/Enhanced 911 functions (“911/E911”) that may differ from the 911 or Enhanced 911 functions furnished by other providers. As such, it may have certain limitations. CAREFULLY READ THE INFORMATION BELOW. YOU ACKNOWLEDGE AND ACCEPT ANY LIMITATIONS ON 911/E911. YOU AGREE TO EXPLAIN THESE LIMITATIONS TO ALL PERSONS WHO MAY HAVE OCCASION TO PLACE CALLS OVER THE VOIP SERVICES. IF YOU HAVE ANY QUESTIONS ABOUT 911/E911, CALL AT. AT VoIP Services use the electrical power. If there is an electrical power outage, 911/E911 calling will not function. Broadband outages. All calls, including calls to 911/E911, may not be completed if there is a problem with network facilities, including network congestion, network/equipment/power failure, or another technical problem. Network congestion; reduced speed for routing or answering 911 calls. There may be a greater possibility of network congestion and reduced speed in the routing of a 911 call made with the VoIP Services as compared to traditional telephone services. LIMITATION ON LIABILITY: YOU ACKNOWLEDGE AND AGREE THAT AT WILL NOT BE LIABLE or RESPONSIBLE IN ANY MANNER FOR ANY SERVICE OUTAGE and THIS SHALL NOT BE A BASIS FOR TERMINATION OF SERVICES BY THE CUSTOMER and that AC WILL NOT BE LIABLE FOR ANY INABILITY TO DIAL 911/E911 USING THE VOIP SERVICES, AND/OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS AT FROM ANY AND ALL CLAIMS, LOSSES, INJURIES, JUDGMENTS, LAWSUITS, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE SERVICES RELATING IN ANY WAY TO THE FAILURE OR OUTAGE OF THE VOICE OR VOIP SERVICES, INCLUDING THOSE RELATED TO 911/E911 SERVICES PROVIDED TO YOU IN CONNECTION WITH THE VOICE AND VOIP SERVICES.
LOCAL GOVERNMENTS PROVISION: The following provision applies to any local government. This contract allows local governments and governmental entities, the right to terminate this Agreement at the end of each budget year, however, such right is expressly conditioned on local governments and governmental entities using its best efforts and making a best effort attempt to obtain and appropriate funding for payment of this Agreement.
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