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Terms and Conditions for Use |
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This agreement ("Agreement") is between Taztel, Inc. ("we,"
"us" or "Taztel") and the user ("user" or "Customer") of Taztel's
Residential Plan (Local Plan A through D) or Business Plan,
(Plan E & F) communications services and any related services
("Service"). This Agreement governs both the Service and any
devices, such as a Taztel Phone Adapter, Taztel Router & Phone
Adapter, Taztel IP Phone, or any other IP connection device
provided by Taztel for use with the Service ("Device" or "Equipment").
By signing up and activating, using and paying for the service,
you agree that you have read, understood and agree to all the
terms in this agreement. You confirm that you are of legal age
and sound mind, and you agree to be bound by all terms and conditions
in this document. If you have not read and understood this entire
agreement, and or do not agree to bound by it's terms and conditions,
do not signup for this service.
A . SERVICE
A.1 Term
Service is offered on a monthly or annual basis as per your
chosen plan for a term which begins on the date that Taztel
activates your Service and ends on the day before the same date
in the following month or year depending on your plan of service.
Subsequent terms of this Agreement automatically renew on a
monthly or yearly basis without further action by you unless
you give Taztel written e-mail notice of non-renewal at least
ten (10) days before the end of the monthly or yearly term in
which the notice is given. You are purchasing the Service for
full monthly or yearly terms, meaning that if you attempt to
terminate Service prior to the end of a monthly or yearly term,
you will be responsible for the full month's or year’s
charges to the end of the then-current term, including without
limitation unbilled charges, plus a disconnect fee if applicable
under the terms of this Agreement, all of which immediately
become due, payable, and chargeable to your credit card. Expiration
of the term or termination of Service does not excuse the Customer
from paying all unpaid, accrued charges due in relation to the
Agreement.
A.2 Equipment
The Service requires standard SIP based device (ATA) which may
be provided by Taztel or by the Customer pursuant to the terms
of this Agreement. If you elect to provide your own equipment,
then you are solely responsible for maintaining it and ensuring
that it is compatible with the Service, and you agree that if
it is not compatible with, or properly configured for, Taztel
may terminate the Service in its sole discretion.
A.3.1 Residential Use
If you have subscribed to Taztel's Residential services, the
Service is provided to you as a single usage (user) residential
plan, for your own personal, residential, non-business and non-professional
use. This means that you agree not to use, and may not use,
the Service for any commercial activities, governmental activities,
profit-making activities, and/or non-profit activities, including
but not limited to home office, business, sales, tele-commuting,
tele-marketing, auto-dialing, continuous or extensive call forwarding,
call relaying, fax broadcast, fax blasting and any other activity
that would be inconsistent with normal residential usage patterns.
This also means that you agree not to, and may not, sell, resell
or transfer the Service to any other person for any purpose,
or make any charge for the use of the Service, without the prior
express written permission from Taztel. You agree that if Taztel
determines in its sole discretion that you have used the Service,
and/or anyone else has used the Service for any activities and
purposes prohibited by this section it may immediately charge
you Taztel's higher rates for its Business service for all periods,
including past periods, in which you use, or used, the Service
for such prohibited activities together with a US$200.00 administrative
fee for same, and that Taztel may immediately charge such amounts
on your credit card. Taztel reserves the right to immediately
terminate or modify the Service, if Taztel determines, in its
sole discretion, that Customer's Service is being used for such
prohibited activities or in any other manner prohibited by this
Agreement.
A.3.2 Business Use
If you have subscribed to Taztel's Business services, the Service
is provided to you as a business user. This means that you agree
not to, and may not, sell, resell or transfer the Service to
any other person for any purpose, or make any charge for the
use of the Service, without the prior express written permission
from Taztel. You agree that the Taztel Business Plan does not
confer the right to use the Service for auto-dialing, call center
activities, continuous or extensive call forwarding, call relaying,
telemarketing, fax broadcasting or fax blasting, and that you
may not use the Service for those purposes. Taztel reserves
the right to (1) immediately terminate or modify the Service,
and (2) charge an administrative fee of US$200.00 per day of
service during which Customer engaged in prohibited activities,
if Taztel determines, in its sole discretion, that Customer's
Service is/was being used for such prohibited activities or
in any other manner prohibited by this Agreement.
A.4 Prohibited Uses of Service
You agree to use the Service only for lawful purposes. You agree
not to use the Service for any unlawful purpose, including for
example, using the Service in a way that (1) interferes with
our ability to provide Service to you or other customers, or
(2) avoids your obligation to pay for the Services. You also
agree not to use the Service for transmitting or receiving any
communication or material of any kind which would (1) constitute
a criminal offense, give rise to a civil liability, or otherwise
violate any applicable local, state, national or international
law or (2) encourage conduct that would constitute a criminal
offense, give rise to a civil liability, or otherwise violate
any applicable local, state, national or international law.
Taztel reserves the right to terminate the Service immediately
and without advance notice if Taztel, in its sole discretion,
believes that you have violated the above restrictions, leaving
you responsible for the full month's charges to the end of the
current term, including without limitation unbilled charges,
plus a disconnect fee, all of which immediately become due,
payable and chargeable to your credit card. If Taztel, in its
sole discretion believes that you have violated the above restrictions,
Taztel may forward the objectionable material, as well as your
communications with Taztel and your personally identifiable
information to the appropriate authorities for investigation
and prosecution, and by using the Service you thereby consent
to such forwarding.
A.5 Use of Service and Device by Customers Outside the
United States
Taztel allows use of the Service inside or outside of the United
States. However, if you use it outside the United States you
do so at your own risk. If you export Taztel VoIP Device to
a country outside the United States and/or use or attempt to
use it there, you do so at your own risk, including but not
limited to the risk that such activity violates the laws of
the country where you do so, and/or violates the export laws
of the United States and/or the import laws of that other country.
A.6 Loss of Service Due to Power outage or Internet
Service/Broadband Outage
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, the Service will not function until power
is restored. A power failure or disruption may require the Customer
to restart or reconfigure the Taztel Telephone Adopter and other
VoIP devices prior to using the Service. You also acknowledge
and understand that the Service requires a fully functional
broadband connection to the Internet (which is not provided
by Taztel) and that, accordingly, in the event of an outage
of, or termination of broadband service with or by your Internet
service provider ("ISP") and/or broadband provider,
the Service will not function. If there is an interruption in
the power supply and/or an ISP/broadband outage, the Service
will not function until the power supply is restored and/or
the ISP/broadband outage is fixed. You will continue to be billed
for the Service during such failures, terminations and/or outages
unless and until you or Taztel terminate the Service in accordance
with this Agreement. Taztel will not be responsible for outage
it’s communication service due outage of customer’s
broadband Internet service or power failure.
A.7 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 on Taztel'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 of Taztel are and shall remain the exclusive
property of Taztel 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 in object code form (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. You expressly agree that the
Device is exclusively for use in connection with the Service
and that Taztel will not provide any passwords, codes or other
information or assistance that would permit or enable you to
use the Device for any other purposes. If you decide to use
the Service through an interface device not provided by Taztel,
which Taztel 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 Taztel against any and all liability arising
out of your use of such interface device with the Service. You
agree not to reverse compile, disassemble or reverse engineer
or otherwise attempt to derive the source code from the binary
code of the firmware or software.
A .8 Tampering with the Device and Service
You agree not to change the electronic serial number, MAC or
equipment identifier of the Device, or to perform a factory
reset of the Device, without express permission from Taztel
in each instance which Taztel may grant or deny in its sole
discretion. Taztel reserves the right to terminate your Service
should you tamper with the Device, leaving you responsible for
the full month's charges to the end of the current term, including
without limitation unbilled charges, plus a disconnect fee,
all of which immediately become due and payable. You agree not
to disrupt or hack the Service or to make or attempt to make
any use of the Service that is inconsistent with its intended
purpose.
A.9 Theft of Service or Device
You agree to notify Taztel immediately, in writing or by calling
the Taztel 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 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. You will be liable for
all use of the Service using a Device stolen from you and any
and all stolen Service or fraudulent use of the Service.
A.10 Number Transfer on Service Termination
Taztel may, solely at the Company's discretion, release any
telephone number that was ported in to Taztel by you and used
in connection with your Service to your new service provider,
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 Taztel account is completely
current including payment for all charges and disconnect fees;
and (iii) you request the transfer upon terminating your account.
Taztel will not transfer or release telephone numbers that it
has assigned for use in conjunction with your Service.
A.11 Service Distinctions
You acknowledge and understand that the Service is not a telephone
service. Important distinctions exist between telephone service
and the enhanced Service offering provided by Taztel. Some,
but not all, of these distinctions are described in this Agreement.
The Service is subject to different regulatory treatment than
telephone service. This treatment may limit or otherwise affect
your rights of redress before Federal and State telecommunications
regulatory agencies or judicial forums.
A.12 No 900 Calls
The Service does not permit calls to 900 numbers or other pay-per-call
services.
A.13 No Operator Service
The Service does not support calls to operator services.
A.14 No Collect Calls
The Service does not support collect calls.
A.15 Directory Assistance
You agree that calls to Directory Assistance (411, 1-XXX-555-1212)
excluding toll-free Directory Assistance (1-8---555-1212) will
incur a US$0.99 per call charge.
A.16 Calls from a Payphone
You agree that calls to a Taztel Toll-free Alternate Number
from a Payphone will incur a US$0.30 per call charge.
B . EMERGENCY SERVICES - 911 AND E911 DIALING
Unlike most of the VoIP providers Taztel provide 911 and E911
service.
C. INDEMNIFICATION
THE TERM "TAZTEL" AS USED IN THIS SECTION SHALL MEAN
TAZTEL COMMUNICATION. AND ITS AFFILIATES, EMPLOYEES, DIRECTORS,
OFFICERS, SERVANTS AND AGENTS AND ANY OTHER SERVICE PROVIDER
THAT FURNISHES SERVICES OR DEVICES TO YOU IN CONNECTION WITH
THIS AGREEMENT OR THE SERVICE OR THE DEVICE.YOU ARE LIABLE FOR
ANY AND ALL USE OF THE SERVICE AND/OR DEVICE BY YOURSELF AND
BY ANY PERSON MAKING USE OF THE SERVICE OR DEVICE, AND YOU AGREE
TO DEFEND, INDEMNIFY AND HOLD HARMLESS TAZTEL AGAINST ANY AND
ALL LIABILITY FOR ANY SUCH USE THAT FAILS TO COMPLY WITH THIS
AGREEMENT. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS
TAZTEL FROM ANY AND ALL CLAIMS AND/OR LIABILITY FOR DAMAGES,
PERSONAL INJURY, DEATH, FINES, PENALTIES, COSTS, EXPENSES, LOSSES,
LOST PROFIT, LOST REVENUE, PROPERTY DAMAGE, ATTORNEYS' FEES,
AND ANY AND ALL OTHER DAMAGES OF WHATEVER KIND AND NATURE RELATING
TO OR ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO
USE THE SERVICE, THE ABSENCE, FAILURE OR OUTAGE OF THE SERVICE,
THE INABILITY TO DIAL SECURITY, LAW ENFORCEMENT OR FIRE PREVENTION/
PROTECTION SERVICES OR SYSTEMS, THE DEVICE, THE USE OF AND/OR
INABILITY TO USE THE DEVICE, THE INSTALLATION OF THE DEVICE,
AND/OR THIS AGREEMENT. THIS SECTION SHALL SURVIVE THE AGREEMENT.
D. LIMITATION OF LIABILITY
THE TERM "TAZTEL" AS USED IN THIS SECTION SHALL MEAN
TAZTEL COMMUNICATION AND ITS AFFILIATES, EMPLOYEES, DIRECTORS,
OFFICERS, SERVANTS AND AGENTS AND ANY OTHER SERVICE PROVIDER
THAT FURNISHES SERVICES OR DEVICES TO YOU IN CONNECTION WITH
THIS AGREEMENT OR THE SERVICE OR THE DEVICE.IN NO EVENT SHALL
TAZTEL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INCIDENTAL, DIRECT,
INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES,
OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF REVENUE OR PROFITS,
RELATING TO OR ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY
TO USE THE SERVICE, THE ABSENCE, DELAY, FAILURE OR OUTAGE OF
THE SERVICE, THE INABILITY TO DIAL SECURITY, LAW ENFORCEMENT
OR FIRE PREVENTION/ PROTECTION SERVICES OR SYSTEMS, THE DEVICE,
THE USE OF AND/OR INABILITY TO USE THE DEVICE, THE INSTALLATION
OF THE DEVICE, AND/OR THIS AGREEMENT. NOR SHALL TAZTEL BE LIABLE
FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICE, INCLUDING 911
DIALING, AT ANY TIME OR FROM TIME TO TIME, OR FOR ANY INTERRUPTION
OR DEGRADATION OF VOICE QUALITY CAUSED BY ANY REASON INCLUDING
BUT NOT LIMITED TO THE FOLLOWING: AN ACT OR OMISSION OF AN UNDERLYING
CARRIER, SERVICE PROVIDER, VENDOR OR THIRD PARTY, EQUIPMENT,
NETWORK OR FACILITY FAILURE, EQUIPMENT, NETWORK OR FACILITY
UPGRADE, SERVICE, MAINTENANCE, MODIFICATION, SHORTAGE, OR RELOCATION,
FORCE MAJEURE EVENTS SUCH AS BUT NOT LIMITED TO ACTS OF GOD,
ADVERSE WEATHER, STRIKES, FIRE, WAR, RIOT, GOVERNMENT ACTIONS
OR TERRORISM, SERVICE, DEVICE, EQUIPMENT, NETWORK OR FACILITY
FAILURE CAUSED BY THE LOSS OF POWER OR INTERNET SERVICE TO TAZTEL
OR CUSTOMER, AND ANY CAUSE THAT IS BEYOND TAZTEL'S CONTROL,
INCLUDING WITHOUT LIMITATION THE FAILURE OF AN INCOMING OR OUTGOING
COMMUNICATION, THE INABILITY OF COMMUNICATIONS TO BE CONNECTED
OR COMPLETED, INCLUDING 911 DIALING, OR DEGRADATION OF VOICE
QUALITY. TAZTEL SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS
TO TAZTEL'S OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISES,
EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT
OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES,
OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES
OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS
AS A RESULT OF TAZTEL'S NEGLIGENCE OR OTHER ACTS OR OMISSIONS.
TAZTEL'S LIABILITY FOR ANY ACT OR OMISSION SHALL IN NO EVENT
EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME
PERIOD. THE LIMITATIONS SET FORTH HEREIN APPLY TO ALL CLAIMS
FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY,
TORT, AND ANY AND ALL OTHER THEORIES OF LIABILITY, AND APPLY
WHETHER OR NOT TAZTEL WAS INFORMED OF THE LIKELIHOOD OF ANY
PARTICULAR TYPE OF DAMAGE. FURTHER, YOU AGREE TO REIMBURSE TAZTEL
FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH
CLAIMS, INCLUDING ATTORNEYS' FEES AND LITIGATION COSTS. THE
PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT
OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED
TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT
LIABILITY AGAINST TAZTEL TO THE FULLEST EXTENT POSSIBLE UNDER
THE LAW. THIS SECTION SHALL SURVIVE THE AGREEMENT.
E. WARRANTIES
THE TERM "TAZTEL" AS USED IN THIS SECTION SHALL MEAN
TAZTEL COMMUNICATION AND ITS AFFILIATES, EMPLOYEES, DIRECTORS,
OFFICERS, SERVANTS AND AGENTS AND ANY OTHER SERVICE PROVIDER
THAT FURNISHES SERVICES OR DEVICES TO YOU IN CONNECTION WITH
THIS AGREEMENT OR THE SERVICE OR THE DEVICE.TAZTEL MAKES NO
EXPRESS OR IMPLIED WARRANTY REGARDING THE SERVICE OR DEVICE
OR THE INSTALLATION OF SAME AND DISCLAIMS ANY IMPLIED WARRANTY,
INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR
A PARTICULAR PURPOSE. TAZTEL DOES NOT WARRANT THAT THE SERVICE
OR DEVICE WILL FUNCTION WITHOUT FAILURE, DELAY, INTERRUPTION,
ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA
OR INFORMATION. TAZTEL DOES NOT AUTHORIZE ANYONE, INCLUDING
BUT NOT LIMITED TO ITS EMPLOYEES, AGENTS OR REPRESENTATIVES,
TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND YOU SHOULD
NOT RELY ON ANY SUCH STATEMENT. IF CUSTOMER PURCHASED THE DEVICE
NEW FROM TAZTEL AND THE DEVICE INCLUDED A LIMITED WARRANTY AT
THE TIME OF PURCHASE, CUSTOMER MUST REFER TO THE SEPARATE LIMITED
WARRANTY DOCUMENT FOR INFORMATION ON THE LIMITATION AND DISCLAIMER
OF SUCH WARRANTY. IF CUSTOMER'S DEVICE DID NOT INCLUDE A LIMITED
WARRANTY FROM TAZTEL AT THE TIME OF PURCHASE, CUSTOMER AGREES
THAT IT ACCEPTS THE DEVICE "AS IS" AND THAT CUSTOMER
IS NOT ENTITLED TO REPLACEMENT OR REFUND IN THE EVENT OF ANY
DEFECT. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE
FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION
IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED
TO LIMIT LIABILITY AGAINST TAZTEL TO THE FULLEST EXTENT POSSIBLE
UNDER THE LAW.
F. CHANGES TO THIS AGREEMENT
Taztel may change the terms and conditions of this Agreement
from time to time. Changes to this Agreement supersede all previously
agreed to electronic and written Terms and Conditions. IF YOU
CONTINUE TO USE, OR PAY FOR THE SERVICES AFTER ANY CHANGES IN
THE PRICES, CHARGES, AND/OR TERMS AND CONDITIONS HAVE BEEN MADE,
YOU AGREE TO THE CHANGES. Notices will be considered given and
effective on the date posted on the Taztel website at www.Taztel.com/terms
and/or the date we notify you of changes by the following: email
at the address provided by you, postcard, letter, recorded announcement,
message on your bill, an insert in your bill, newspaper ad,
or a call to your billed telephone number, whichever occurs
first.
G. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION
G.1 Billing
You must give us a valid credit card number when the Service
is activated. If the card expires, you close your account or
your billing address changes, or the card is cancelled and replaced
owing to loss or theft, you must advise Taztel at once by changing
your credit card information in your account portal. We will
bill all charges monthly to your credit card, including but
not limited to: activation fees, monthly Service fees, surcharges,
applicable taxes, disconnection fees, international usage charges,
advanced feature charges, equipment purchases and shipping and
handling charges. Taztel reserves the right to bill at more
frequent intervals if the amount due at any time exceeds US$25.00.
G.2 Billing Disputes
You must notify Taztel in writing within seven (7) days after
receiving your credit card statement if you dispute any Taztel
charges on that statement or such dispute will be deemed waived.
Notification of all billing disputes shall be sent to the following
address: Customer Care Billing DepartmentTaztel Communication5940
N. Samhouston Parkway E, Suite 316Humble, TX 77396
or
billing@Taztel.com
G.3 Payment
Taztel only accepts payments by credit card. Your initial use
of the Service authorizes Taztel to charge all amounts due Taztel
as stated in the Agreement on the credit card account number
on file with Taztel, or on any other credit card provided by
Customer if the original card expires or is replaced. This authorization
will remain valid until 30 days after Taztel receives your written
notice terminating Taztel's authority to charge your credit
card. Taztel may terminate your Service at any time, in its
sole discretion, if any charge to your credit card on file with
Taztel is declined or reversed, if your credit card expires
and you have not provided Taztel with a new valid and approved
credit card, or in case of any other non-payment of account
charges. Termination of Service for a declined or expired credit
card, reversed charges or non-payment leaves you fully liable
to Taztel for all charges accrued before termination and for
costs incurred by Taztel to collect all monies owed by Customer,
such as (but not limited to) collection costs and attorneys'
fees. Taztel may make billing adjustments for the Service retroactively
for a period of one hundred eighty (180) calendar days after
the date a Service is rendered if they are made within two (2)
months of Taztel's receipt of any invoice for the payment of
additional fees and charges imposed by law.
G.4 Termination/Discontinuance of Service
Taztel reserves the right to suspend or discontinue providing
the Service generally, or to terminate your Service, at any
time in its sole discretion. If Taztel discontinues providing
the Service generally, or terminates or suspends your Service
in its discretion without a stated reason, you will only be
responsible for charges accrued through the date of termination,
including a pro-rated portion of the final month's charges.
If your Service is terminated or suspended for any stated reason,
including without limitation violation of any terms of this
Agreement, or because of any improper use of the Service or
Device (such as, but not limited to, your attempts to hack,
disrupt, or misuse the Service or your acts or omissions that
violate any acceptable use policy of Taztel or of a third party
provider to which Taztel is subject), you will be responsible
for the full month's charges to the end of the current term,
including without limitation unbilled charges, plus a disconnect
fee if applicable, all of which immediately become due, payable
and chargeable to your credit card.
G.5 Taxes
Customer is responsible for, and shall pay any applicable federal,
state, municipal, local or other governmental sales, use, excise,
Universal Service Fees, value-added, personal property, public
utility and other taxes, fees and 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 credit card. If Customer is exempt
from payment of such taxes, it will provide Taztel with an original
government-issued certificate attesting to tax-exempt status.
Tax exemption will only apply from and after the date Taztel
receives such certificate.
G.6 Disconnect Fee
Customer will be charged a disconnect fee of US$55.95 per voice
line upon termination of Service for any reason or for convenience
of Customer, unless (1) the Customer is eligible for waiver
of the fee pursuant to the terms of the Money Back Guarantee
as provided in this Agreement, (2) the Customer used their own
ATA (3) if the Customer purchased the Device from a Taztel authorized
retailer or agent and did not redeem a rebate for same, (4)
the Customer is eligible for a credit for the voice line pursuant
to Section G.7 of this Agreement, or (5) the Customer used the
Service for more than twelve (12) consecutive months in accordance
with the terms of this Agreement and has fully paid for such
Service. The disconnect fee becomes due and payable immediately
upon termination and will be billed directly to Customer's credit
card.
G.7 Return of Device
A Device may be returned to Taztel within fourteen (14) days
of the termination of Service to receive a credit for the $55.95
disconnect fee for the voice line or lines assigned to that
Device provided that the Customer first returns the Device and
all of its parts, accessories, documentation, packaging, and
packaging materials in an undamaged and original condition.
Taztel will not credit Customer if the Device is damaged or
not in its original condition as received by the Customer or
if Customer does not fully comply with this Section. If Customer
initially receives packaging and/or a Device that is visibly
damaged, Customer agrees to note the damage on the carrier's
freight bill or receipt, keep a copy, and immediately notify
Taztel by email at billing@Taztel.com. Keep the Device and the
original packaging, packing materials and parts intact and contact
Taztel's customer care department immediately.
G.8 Money Back Guarantee; Limitations and Conditions
Taztel offers a hassle free 30-day money back guarantee from
the date of activation of your Service. The money back guarantee
applies only to the first-ordered line, not to additional or
secondary lines. Under the terms of the Money-Back Guarantee,
Taztel will refund the activation fee, the monthly charge for
the first month of Service, initial shipping charges from Taztel
and waive the disconnect fee provided that:
· you have not exceeded 200 minutes of in-plan usage;
· you cancel your Service within the applicable period;
· you return any issued Taztel Device to us in original
condition, normal wear and tear excluded, within 14 days after
the cancellation of your Service;
· the Device is returned in the original packaging with
the bar code intact and is accompanied by all components, cables,
accessories, parts, manuals, and other documentation;
· you have not previously exercised the Taztel 30-day
money back guarantee and obtained a refund from Taztel as a
result of any other Taztel account, and
· prior to returning the Device to us, you obtain a valid
return authorization number from our customer care department,
which can be reached at billing@Taztel.com.
H. CONTENT
You are liable for any and all liability that may arise out
of the content transmitted by or to you or Users using the Services.
You shall assure that your or User's use of the Services and
content will at all times comply with all applicable laws, regulations
and written and electronic instructions for use. Taztel reserves
the right to terminate or suspend affected Services, and/or
remove your or Users' content from the Services, if Taztel determines
that such use or content does not conform with the requirements
set forth in this Agreement or interferes with Taztel's ability
to provide Services to you or others or receives notice from
anyone that Your or Users' use or Content may violate any laws
or regulations. Taztel's actions or inaction under this Section
shall not constitute review or approval of your or Users' use
or Content. You will indemnify and hold harmless Taztel against
any and all liability arising from the content transmitted by
or to you or to Users using the Services. A "User"
means any person, whether authorized or unauthorized, using
the Service and/or Device provided to you.
I. RESOLUTION OF DISPUTES BY BINDING ARBITRATION
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY.
THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL
AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD
OF BY A JUDGE, JURY, OR CLASS ACTION LAWSUIT. YOU CONTINUE TO
HAVE CERTAIN RIGHTS TO OBTAIN RELIEF FROM A FEDERAL OR STATE
REGULATORY AGENCY. THIS SECTION DOES NOT APPLY TO RESIDENTS
OF CALIFORNIA.
J.1 Mandatory Binding Arbitration
All disputes arising out of or related to this Agreement, the
Service and/or the Device (whether based in contract, tort,
statute, fraud, misrepresentation, or any other legal or equitable
theory) must be resolved by final and binding arbitration. This
includes any dispute based on any Device, Service, advertising
or otherwise having a connection to this Agreement. The arbitration
will be conducted by one arbitrator using the procedures described
by this Section. If any portion of this Resolution of Disputes
by Binding Arbitration Section is determined to be unenforceable,
then the remainder shall be given full force and effect.The
arbitration of any dispute shall be conducted in accordance
with the American Arbitration Association's ("AAA")
Supplementary Procedures for Consumer-Related Disputes, as modified
by this Agreement, which are in effect on the date a dispute
is submitted to the AAA. To the extent that such procedures
differ from this Agreement, this Agreement shall govern to the
fullest extent permitted by law. You have the right to be represented
by counsel in an arbitration. In conducting the arbitration
and making any award, the arbitrator shall be bound by and strictly
enforce the terms of this Agreement and may not limit, expand,
or otherwise modify its terms.
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION
WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS WIDE
BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED
BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS'
FEES. YOU AND TAZTEL BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES
THAT ARE EXCLUDED UNDER THIS AGREEMENT.
J .2 Arbitration Information and Filing Procedure
Before you take a dispute to arbitration or to small claims
court, you must first write to us at Taztel Communication, 5940
N. Sam Houston Parkway E, Suite No. 316, Humble, TX 77095 and
give us an opportunity to resolve the dispute. Similarly, before
Taztel takes a dispute to arbitration, we must first attempt
to resolve it by contacting you. If the dispute cannot be satisfactorily
resolved within sixty (60) days from the date you or Taztel
is notified by the other of a dispute, then either party may
contact the AAA in writing at AAA Service Center, 134555 Noel
Road, Suite 1750, Dallas, TX 75240-6620 and request arbitration
of the dispute. Information about the arbitration process and
the AAA's Arbitration Rules and its fees are available on the
Internet at www.adr.org, or by contacting us at billing@Taztel.com.
The arbitration will be based only on written submissions of
the parties and the documents submitted to the AAA relating
to the dispute, unless either party requests that the arbitration
be conducted using the AAA's telephonic, online, or in-person
procedures. Additional charges may apply for these procedures.
Any in-person arbitration will be conducted at a location the
AAA selects in Massachusetts. Arbitrations under this Agreement
shall be confidential as permitted by federal law. However,
by filing for arbitration, you may elect to relieve both parties
to the arbitration of confidentiality obligations.
J.3 Time for Filing Claims
You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use
of the Service or the Agreement must be filed with the AAA within
one year after such claim or cause of action arose or be forever
barred.
K. GOVERNING LAW
This Agreement and the relationship between you and Taztel shall
be governed by the laws of the Commonwealth of Massachusetts
without regard to its conflict of law provisions.
I. ENTIRE AGREEMENT
This Agreement and any modifications to it pursuant to Section
F, and the rates for Services found on Taztel's website, constitute
the entire agreement between you and Taztel and govern your
use of the Service, superseding any prior agreements between
you and Taztel and any and all prior or contemporaneous statements,
understandings, writings, commitments, or representations concerning
its subject matter. No changes to this Agreement shall be binding
upon either you or Taztel unless they are made pursuant to Section
6.
M. SEVERABILITY
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.
N. PRIVACY
Taztel Service utilizes, in whole or in part, the public Internet
and third party networks to transmit voice and other communications.
You acknowledge and understand that Taztel cannot guarantee
that voice over IP communication is completely secure. You agree
that Taztel may access all features of your account and the
Services to determine whether the Services are being used fraudulently
and/or in violation of this Agreement, and for any other purposes.
YOU AGREE THAT TAZTEL SHALL NOT BE LIABLE FOR ANY LACK OF PRIVACY.
Please refer to our Privacy Policy at www.Taztel.com for additional
information.
O. ASSIGNMENT
Taztel may assign all or part of its rights or duties under
the Agreement without notifying you. If we do that, we have
no further obligation to you. You may not assign the Agreement
or the Service or Device without our prior written agreement.
P. NO THIRD PARTY RIGHTS
No provision of this Agreement provides any person or entity
not a party to this Agreement with any remedy, claim, liability,
reimbursement, or cause of action or creates any other third
party beneficiary rights.
Q. SURVIVAL
The provisions of this Agreement relating to indemnification,
limitations on liability, warranty limitations and disclaimers,
resolution of disputes, billings and your obligation to pay
for the Service provided and any additional usage charges, shall
survive the termination of the Agreement and the termination
of the Service.
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