TeleBlend Customer Opt-In Service Agreement
This is an agreement ("Agreement") between TeleBlend ("we", "us" or "TeleBlend") and you, an end user ("you" or "user") of TeleBlend's Internet Phone Service (the "Service") as described herein. BY ESTABLISHING, ACTIVATING, USING, OR PAYING FOR THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, YOU AGREE TO THE TERMS AND CONDITIONS IN THIS AGREEMENT, AND YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER THIS AGREEMENT AND BECOME BOUND BY ITS TERMS, INCLUDING THOSE PERTINENT TO 911 EMERGENCY DIALING, AND TO THE PRICES, CHARGES, AND CONDITIONS PROVIDED TO YOU IN ASSOCIATION WITH YOUR ENROLLMENT, INCLUDING MARKETING MATERIALS AND THE TELEBLEND WEBSITE, WHICH ARE INCORPORATED HEREIN BY REFERENCE. This Agreement governs the Service and any devices - such as a VoIP phone, analog telephone adaptor, multimedia terminal adapter, or computer operating software enabling the Service (each alone or all collectively known as "Equipment") - website, or software used in conjunction with the Service. If you have purchased Equipment from an authorized TeleBlend retail dealer, you are considered a "Retail Customer" and are governed by certain Retail Customer terms and conditions contained below.
911 EMERGENCY DIALING
PLEASE READ THIS INFORMATION REGARDING 911 VERY CAREFULLY. BY ACTIVATING AND PAYING FOR THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE LIMITATIONS OF TELEBLEND 911 EMERGENCY DIALING SERVICE, AND UNDERSTAND THE DISTINCTIONS BETWEEN SUCH SERVICE AND TRADITIONAL 911 or E911 CALLS. You agree to notify any user who may place calls using your Service, including any household residents or guests who may be present in your household, of the limitations of TeleBlend 911 Emergency Dialing.
PLEASE BE AWARE THAT EVEN IN THOSE AREAS IN WHICH TELEBLEND OFFERS 911 SERVICE, TELEBLEND CANNOT AND DOES NOT GUARANTEE THAT THE SERVICE WILL OPERATE AS INTENDED. THE ONLY WAY TO KNOW WITH ABSOLUTE CERTAINTY THAT YOU HAVE FUNCTIONING 911 SERVICE IS TO TEST THE SYSTEM; TELEBLEND IS NOT AUTHORIZED TO MAKE TEST CALLS TO THE 911 SYSTEM AND CANNOT AUTHORIZE YOU TO DO SO. YOU MAY WISH TO CALL THE NON-EMERGENCY NUMBER OF YOUR LOCAL POLICE OR FIRE DEPARTMENT TO FIND OUT IF THEY ARE ABLE TO HELP YOU OBTAIN SUCH PERMISSION.
TELEBLEND RECOMMENDS THAT YOU MAINTAIN AN ALTERNATIVE MEANS OF ACCESSING EMERGENCY SERVICES IN THE EVENT OF A SERVICE DISRUPTION FOR ANY REASON.
TeleBlend 911 Service. TeleBlend 911 Emergency Dialing is not available in all areas. To activate this service where available, you must register the physical location of your Equipment with TeleBlend, and that location must be within the geographic serving area of a Public Safety Answering Point ("PSAP") to which TeleBlend has established connectivity for this service. If you fail to activate and properly configure the Service and the Equipment, the Service will not support 911 Emergency Dialing, and you acknowledge and agree to this requirement. 911 Emergency Dialing may not function for up to thirty (30) days after TeleBlend activates your Service, and you acknowledge and agree to this requirement.
Service Address. You must provide the address which will be associated with the Service ("Service Address") during the registration process. The service address you provide must be in the same rate center as the Household (primary) number you have selected. Failure to provide the correct and proper Service Address may result in misdirecting 911 calls to the incorrect PSAP or emergency operator and/or the failure to reach the correct location and render emergency service when requested. You acknowledge that 911 dialing will not function properly if you move your Equipment to another Service Address, either temporarily or permanently, unless the new Service Address has been properly recorded and is in an area for which TeleBlend provides 911 Emergency Dialing. You may change your Service Address by following the procedures specified on the TeleBlend website. Change of Service Address will take a minimum of ten business days to properly update the 911 emergency databases.
911 Service Limitations. The following additional limitations apply to 911 Emergency Dialing when it is provided by TeleBlend:
Enhanced 911 ("E911"). In certain areas in which TeleBlend provides 911 Emergency Dialing, TeleBlend provides E911 capabilities. When the caller dials 911 on a TeleBlend-enabled phone with E911 service, TeleBlend will automatically deliver the location information you provided at the time of activation, or as subsequently and properly updated, validated, and acknowledged by TeleBlend, to the PSAP with the 911 call. If the location information you provided is incorrect, the emergency call may be misdirected to a PSAP that does not serve your location, which as a result may be unable to render sufficient emergency service. You acknowledge that you are solely responsible for maintaining accurate physical location information on your TeleBlend account. If you move your TeleBlend equipment to another location, you must update your Service Address in accordance with the instructions on the TeleBlend website.
Basic 911. In some areas in which TeleBlend provides 911 Emergency Dialing, TeleBlend may not support E911, and your physical location information may not be automatically delivered to the PSAP with the 911 call. The PSAP or local emergency dispatcher receiving a non-E911 emergency call may not be able to capture and/or retain automatic number or location information. This means that the dispatcher may not know the phone number or physical location of the person who is making the 911 call. Therefore, a caller dialing 911 using TeleBlend may need to immediately tell the dispatcher the location of the emergency, and the caller must not prematurely disconnect the line, since the dispatcher may not have the phone number to call back the caller. If the caller is unable to speak or sufficiently describe the location, the emergency dispatcher may not be able to render emergency service to the appropriate location.
Acknowledgement. You understand and acknowledge that TeleBlend 911 Emergency Dialing has certain characteristics that distinguish it from traditional, legacy, circuit-switched 911 service. These characteristics may make TeleBlend unsuitable to some users. You should carefully evaluate your circumstances when deciding to activate TeleBlend Service. You acknowledge that it is your responsibility to determine the technology or combination of technologies best suited to meet your emergency calling needs, and to make the necessary provisions for access to emergency calling services, such as maintaining a conventional phone line or wireless phone as a backup means of completing emergency calls. You authorize us to disclose your name and address to third parties involved with providing 911 Emergency Dialing to you, without limitation.
Suspension of Your Account. You acknowledge and understand that a Service outage due to suspension of your account as a result of billing issues or any other reason, including, but not limited to, those reasons described elsewhere in this Agreement, will prevent all service, which may include Emergency 911 Dialing.
Indemnification. You acknowledge and understand that TeleBlend will not be liable for any Service outage and/or inability to dial 911 using TeleBlend or to otherwise access emergency service personnel due to the characteristics and limitations of TeleBlend Service. You agree to defend, indemnify, and hold harmless TeleBlend, its officers, directors, employees, affiliates, and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorney fees) by, or on behalf of, you or any third party user of the Service relating to the failure or outage of the Service, including those related to 911 dialing. You acknowledge that TeleBlend does not offer Lifeline service, and that we strongly recommend that you always have an alternative means of accessing emergency service. This provision supplements the general indemnification provision found below.
Service Requirements. The Service requires Equipment obtained through TeleBlend or a third party that allows you to place and receive calls by using your high-speed Internet connection. TeleBlend does not provide or support your high-speed Internet connection, which you need to supply at your own expense. We recommend that your high-speed connection have a capacity of at least 120 Kbps upstream and downstream. The quality of the calls is dependent on the quality of your Internet connection and please be aware that bandswidth intensive applications such bit-torrent applications could affect the quality of the Service.Since the Service depends on your high-speed connection, the correct configuration of the Equipment, and an adequate power supply, TeleBlend does not guarantee continuous availability. You acknowledge and understand that the Service will not function in the absence of electrical power or if there is an interruption of your high-speed Internet connection. A power failure may require you to reset or reconfigure your Equipment or other equipment in order to restore the Service.
Service Limitations. You understand and acknowledge that the Service may not be compatible with all non-voice communications equipment, including but not limited to, home security systems, medical monitoring equipment, fax machines, satellite television systems, and computer modems. You waive any claim against TeleBlend for interference or disruption of such services and equipment.
Service Term for no contract products. The Service is offered on a month-to-month basis, beginning on the date TeleBlend activates Service, and automatically renews on a monthly basis. You may cancel the Service at any time by contacting TeleBlend according to the procedure described on the TeleBlend website. If you cancel Service prior to the end of a monthly term, you will not receive a prorated refund for the remainder of that month. You will be responsible for paying the month's charges through the date of cancellation, including all applicable fees and usage charges. The Customer is responsible for a Service Disconnection Fee (SDF) of $39.99 per line being cancelled. This Fee is due along with any other unpaid charges at the time of cancellation. These charges will be billed directly to the Customer's credit card. Expiration of the term or cancellation of Service does not excuse you from paying all unpaid, accrued charges due in relation to the Agreement. Any credits or refunds for Equipment purchased by Retail Customers are subject to the refund policies of the retail dealers where the Equipment was purchased.
Service Term for one year contract products. If Customer subscribes to a one-year contract product such as the TeleBlend Global Unlimited product, the Service is offered on a twelve month basis, beginning on the date TeleBlend activates Service, and automatically renews at the end of the twelve month period. If the customer cancels Service for any reason or for convenience within twelve months of the Activation Date, the customer will be responsible for the monthly charges through the remainder of the twelve month period in addition to an Early Termination fee of $39.99 per account. The $39.99 Early Termination fee becomes due and payable immediately and will be billed directly to Customer's credit card. If Customer has multiple accounts, Customer will be charged the Early Termination fee of $39.99 per account for each account cancelled.
Service Term for multi-year contract products. If Customer subscribes to a multi-year contract product, the Service is offered on a twelve, twenty-four or thirty-six month basis, beginning on the date TeleBlend activates Service, and automatically renews at the end of the contract period. If the customer cancels Service for any reason or for convenience within period of the contract beginning on the Activation Date, the customer will be responsible for an Early Termination fee of $39.99 per account for each year of the contract remaining. The $39.99 Early Termination fee(s) becomes due and payable immediately and will be billed directly to Customer's credit card. If Customer has multiple accounts, Customer will be charged the Early Termination fee of $39.99 per account for each account cancelled.
Service Term for products with free months of service and 2 year contract If Customer subscribes to a product with one or more free months of service included in the product, the Service is offered on a twenty-four month basis, beginning on the date TeleBlend activates Service, and automatically renews at the end of the period. If the customer cancels Service for any reason or for convenience within the twenty-four month period, the customer will be responsible for the monthly charges for the free months offered in addition to an Early Termination Fee of $39.99 per account. The $39.99 Early Termination fee and the charges for the free months of service used becomes due and payable immediately and will be billed directly to the Customer's credit card.
Service Term for products with free months of service and 1 year contract If Customer subscribes to a product with one or more free months of service included in the product, the Service is offered on a twelve month basis, beginning on the date TeleBlend activates Service, and automatically renews at the end of the period. If the customer cancels Service for any reason or for convenience within the twelve month period, the customer will be responsible for the monthly charges for the free months offered in addition to an Early Termination Fee of $39.99 per account. The $39.99 Early Termination fee and the charges for the free months of service used becomes due and payable immediately and will be billed directly to the Customer's credit card.
Promotional Products with no contract. If the Customer agrees to a promotional product with no contract, if stated, a Service Disconnection Fee (SDF) may apply. The Service Disconnection Fee of $39.99 will apply to each line associated with the promotional offer that is disconnected at the time of cancellation. The SDF will be applied at the time of cancellation and charged to the credit that is on file.
Service Term for Annual plans. If Customer subscribes to an annual plan, the Service is offered on a twelve month basis, beginning on the date TeleBlend activates Service. Upon the expiration of the one year agreement, customers will automatically continue to receive TeleBlend service on a month to month basis at a rate of $15.95/mo unless the customer notifies TeleBlend of their intentions to extend service for an additional year or discontinue with TeleBlend service. Extension or disconnection of the TeleBlend annual plan must be done 15 days prior to the expiration of the subscription. If a customer fails to notify TeleBlend of their intentions to extend or discontinue their service, they will continue to receive service on a month to month basis and all associated fees will be charged to their credit card on file. If the Customer cancels the service for any reason or for convenience within twelve months of the Activation date, the Customer will forfeit the remaining service through the end of the period also not be provided with a prorated refund for the remainder of the one year period.
Service Distinctions. The Service is not a telecommunications service, and important distinctions exist between telecommunications service and the Service. In addition, different regulatory treatment is applied to the Service as compared with telecommunications service, which may affect your rights before regulatory agencies.
Your Responsibility. You acknowledge and agree that you are fully responsible for all use on your account, and you accept full liability and responsibility for the actions of anyone who uses the Service via your account with or without your permission. You should safeguard your usernames and passwords, as well as the identifier of the Equipment (referred to as the "MAC address") which TeleBlend uses to authenticate usage on your account. Some of your calls may be transmitted over the public Internet, and you acknowledge that you are aware that the Internet is not a secure network, and that third parties may be able to intercept, monitor, or corrupt information you transmit over the Internet.
USE OF SERVICE
Resale and Transfer. You are expressly prohibited from reselling or transferring the Service, Equipment, and/or software to any other person for any purpose, without express written permission from TeleBlend in advance.
Residential Use. The Service is intended for normal residential use. You are expressly prohibited from using the Service for autodialing, telemarketing (including without limitation charitable or political solicitation or polling), continuous or extensive call forwarding, activities involving continuous connectivity, all types of broadcasting including fax or voicemail broadcast, fax or voicemail blasting, or any other activity that results in excessive usage inconsistent with normal residential or home office usage patterns. If TeleBlend determines, in its sole discretion, that you are reselling the Service, allowing persons residing outside of your household to regularly use the Service, or that your Service is being used for any of the aforementioned activities, TeleBlend reserves the right to immediately terminate without notice or modify the Service and to assess additional charges for each month in which excessive usage occurred..
Calling Limitations. TeleBlend does not support certain call types offered by traditional phone services, including, but not limited to, 0+ calling (including without limitation collect or third party billing), 900 and 976 calls, and 10-10 "dial-around" calls. The Service may not support 311, 511, and/or other x11 services (other than 911 and 411) in some or all Service areas.
Local Number Portability. If you transfer to TeleBlend an existing phone number which is currently subscribed to a carrier other than TeleBlend, the following terms and conditions apply: (1) you hereby authorize TeleBlend to notify your local telephone company of your decision to switch your local services to TeleBlend and to transfer your telephone number, and represent that you are authorized to take this action; (2) you acknowledge and agree that you must successfully install and activate your Equipment prior to the date that the number switch becomes effective; and (3) TeleBlend has the right to refuse to import a number if, in its sole discretion, it does not have the infrastructure to support the number. You remain solely responsible for any charges you incur with the telephone company from which the number is being transferred during the period of the transfer, regardless of delays in completing the transfer caused by any reason by any party. You will also be responsible for the one time porting fee of $14.95 that will be collected in advance to process the porting of your number from your current provider to TeleBlend.
Network Integrity and Security. You are expressly prohibited from any use of the Service or any other action that, in TeleBlend's sole discretion, is deemed to present a risk to the network integrity or security of TeleBlend or its vendors, whether directly or indirectly. TeleBlend, in its sole discretion, may terminate your Service without advance notice if it determines your actions could cause a network disruption or security breach.
Telephone Number. TeleBlend service is provided to you on a Telephone Number ("Number") that you may port in from your current provider or on a telephone Number that TeleBlend will provide to you. You may not sell any telephone Number assigned by TeleBlend. If you are porting in a Number from your current provider, you will be responsible for maintaining service with them until the Number port is complete to TeleBlend. Upon completion of the port to TeleBlend, you will be notified via email whereby you can take the necessary steps involved to cancel your service with your former provider. If you no longer wish to remain a TeleBlend customer, you may transfer the Number out to your new provider as long as your account with TeleBlend is in good standing without an outstanding balance and your new provider is able to accept such Number. In this case, you will be responsible for maintaining service with TeleBlend for the duration of the port to your new provider in order to maintain 911 compliancy. Upon completion of the port to your new provider, you must notify TeleBlend by contacting Customer Service to cancel your service subscription as TeleBlend is not informed of the Number completion by your new provider. Failure to notify TeleBlend will result in the continuous billing of your service as 911 and other functions must be maintained until a cancellation request is received. If you terminate service with TeleBlend prior to porting out or wish not to port out the Number, TeleBlend may reallocate the Number to another customer and will not be responsible for the status of it thereafter. Upon termination of your account all charges due to TeleBlend through the date of the cancellation and any outstanding international calling charges will be due.
Use Outside the United States. The Service is intended for use in the United States. If you remove the Equipment to a country other than the United States, you do so at your sole risk, including the risk that such activity violates local laws in the country where you do so. Use of the Service is expressly prohibited wherever its use violates local laws, and you are personally liable for any such violations. TeleBlend reserves the right to terminate your Service immediately and without notice if it determines that you are using the Service in violation of applicable local laws.
Unlawful and Prohibited Use. You agree to use the Service only for lawful purposes. You are expressly prohibited from using the Service to transmit or receive any communication or material of any kind when in TeleBlend's sole judgment the transmission, receipt, or possession of such communication or material would constitute, or encourages conduct that would constitute, a criminal offense, give rise to a civil liability, or otherwise violate any applicable laws. You acknowledge that neither TeleBlend nor its vendors are responsible for the content of the transmission that may pass through the Service. You are expressly prohibited from using the Service or Equipment for any abusive or fraudulent purpose, including using the Service in a way that interferes with our ability to provide the Service to you or other customers or avoids your obligation to pay for communications services. TeleBlend, in its sole discretion, may terminate your Service without advance notice if it believes you have violated the aforementioned restrictions, or if you act in a manner that is threatening, obscene, harassing, or abusive to TeleBlend personnel. You are liable for any and all use of the Service by any person using the Service provided to you and agree to indemnify and hold harmless TeleBlend against any and all liability for any such use. If TeleBlend, in its sole discretion, believes that you have violated the aforementioned restrictions, TeleBlend may forward personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.
Tampering. You agree not to change the electronic serial number or equipment identifier, if any, of the Equipment, or to perform a factory reset of the Equipment, without express written permission from TeleBlend in each instance which TeleBlend, in its sole discretion, may deny. You agree not to disrupt the Service or make any use of the Service that is inconsistent with its intended purpose or to attempt to do so. TeleBlend, in its sole discretion, may terminate your Service without advance notice should you tamper with the device.
Theft of Service. You agree to notify TeleBlend immediately if the Equipment is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. You must provide a detailed description of the circumstances of the theft or stolen or fraudulent use of the Service and supply any additional documentation reasonably requested by TeleBlend. Failure to do so in a timely manner may result in the termination of your Service and additional charges.
Alternative Interface Devices. If you decide to use the Service through an interface device not provided or supported by TeleBlend or an authorized TeleBlend retail dealer, which TeleBlend reserves the exclusive right to prohibit, 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 TeleBlend and its vendors against any and all liability arising out of your use of such alternative interface device with the Service. TeleBlend has no obligation to support or service the use of such alternative interface devices in any way, and in its sole discretion may decline to provide the configuration information required to allow the device to effectuate the Service.
Copyright, Trademark, and Unauthorized Use. The Service and Equipment and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Equipment, and all Services, information, documents, and materials on TeleBlend's website are protected by copyright, trademark, 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 TeleBlend are and shall remain the exclusive property of TeleBlend 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 you in conjunction with providing the Service, or embedded in the Equipment, other than a nontransferable, revocable license to use such firmware or software strictly in accordance with the terms and conditions of the Agreement, and that the Equipment is exclusively for use in connection with the Service.
Audit and Law Enforcement. TeleBlend reserves the right to audit your use of the Service to enforce the provisions of this Agreement. TeleBlend reserves the right to track and monitor your Service and usage subject to the requirements of the United States Patriot Act and other laws and appropriate law enforcement processes. You acknowledge and agree that this Agreement is sufficient notice to you of such monitoring to the extent any notice is required under applicable federal or state law.
CHARGES AND PAYMENTS
Billing. You must provide a valid credit or debit card number or a valid checking account number and bank routing information, pursuant to procedures specified on the TeleBlend website, when the Service is activated. You authorize TeleBlend to charge automatically to your credit or debit card or debit automatically from your checking account any amounts payable by you in connection with your use of the Service. Your right to use the Service is subject to any limits established by your credit or debit card issuer or bank. Your charges/payments and credits issued will appear on an online billing statement that you may access from the TeleBlend website. You give TeleBlend permission to obtain authorization for use of your credit or debit card from your card issuer or, if applicable, permission to obtain authorization to debit your checking account. If the card expires, you close your account, your billing address changes, or your card is cancelled and replaced owing to loss or theft, you must advise TeleBlend at once and provide TeleBlend with update, valid, unexpired billing information to pay your monthly invoices. It is your obligation to ensure that the account you provide to TeleBlend has a sufficient balance or available credit to pay your TeleBlend fees. Initial use of the Service authorizes TeleBlend to charge the card account number or debit the checking account on file with TeleBlend, updated by any changed information related to card expiration, replacement, or substitution. This authorization remains valid until 90 days after TeleBlend receives your notice to terminate TeleBlend's authority to charge your card or debit your checking account, whereupon TeleBlend will charge you for any outstanding charges and terminate the Service. TeleBlend bills all charges and applicable taxes and fees monthly in advance (except for usage-based charges, which will be billed monthly in arrears, plus any other charges which TeleBlend chooses to bill in arrears) to your card, or, if applicable, debits them from your checking account. TeleBlend reserves the right to make this charge each month at its discretion in advance of your billing date without notice. At its sole discretion, TeleBlend may choose to not bill you for a small monthly balance and instead allow that balance to roll into your next month's charges, at no additional cost to you. TeleBlend is not responsible for any overdraft or other charges imposed by your card issuer or bank due to insufficient funds in your account. TeleBlend reserves the right to bill at more frequent intervals if the amount due at any time exceeds $40. All charges will be billed or debited according to the rates and terms set forth in published materials and found on the TeleBlend website. Should you choose to cancel service after your billing anniversary date Teleblend is not responsible for providing any pro rated refund. Teleblend does not pro rate monthly service fees at any time. The service activation fee, LNP fees and postage fees are non-refundable upon service cancellation since costs are incurred to setup service for you.
Commencement of Billing. You understand that you are responsible for self-installation of the Equipment and any configuration of the Service once you receive the Equipment. If the Equipment is shipped to you by TeleBlend, you will be billed when the Equipment is shipped. You are encouraged to complete installation of the Service as soon as possible in order to take full advantage of your Service period. You will be responsible for full payment for the charges on your TeleBlend bill even if you do not install the Equipment promptly or use the Service. If you purchase Equipment from an authorized TeleBlend retail dealer, your Service is considered active once you complete the on-line Service activation process at the TeleBlend website.
Price and Rate Changes. Prices and charges relating to the Service are posted on the TeleBlend website. We may change the prices and charges for the Service from time to time. We may decrease prices without providing advance notice. Increases to the prices or charges for the Service are effective no sooner than seven (7) days - after posted on the TeleBlend website or you are otherwise notified of the changes. This does not include fees and surcharges which may change from time to time without notice.
Special Offers and Calling Plans. TeleBlend may offer special calling plans that involve credits (monthly or annually) in the form of domestic or international usage. These credits can only be applied to the usage based on the specific plan being offered and cannot be carried over to the next billing period. Unused credits also cannot be cashed out upon cancellation of service. Usage beyond the alloted credit amounts will be billed accordingly based on the rate plan unless otherwise specified.
Failure to Pay. We may suspend, restrict, or cancel the Services and this Agreement if you do not make payments for current or prior bills by the required due date. We may also take appropriate steps or require you to take certain action when you or TeleBlend are or have been the target of fraud related to your account, including temporary suspension or termination of your account. Service suspension or cancellation will result in your loss of the number associated with the Service.
Late Payment Charge. We may add interest charges to any past-due amounts at the lower of 1.5% per month or the maximum rate allowed by law, prorated for each day payment is past due. Acceptance of late or partial payments (even if marked "Paid in Full" or with other restrictions) shall not waive any of our rights to collect the full amount of your charges for the Service. You agree to reimburse us for reasonable attorneys' fees and any other costs associated with collecting delinquent or dishonored payments. If charges cannot be processed through your credit or debit card or debited from your checking account, due to insufficient funds or for any other reason, we will charge you an additional $15.00. If the state where you receive the Service requires a different fee, we will charge you that amount.
Equipment Replacement. In its sole discretion, TeleBlend may send you alternative Equipment to replace Equipment you claim is defective. Additional charges may apply for replacement Equipment. If your original Equipment is not returned within thirty (30) days of your request for replacement Equipment, you will be billed for the cost of the replacement Equipment, and you understand and agree to this charge.
Regulatory Recovery Fee The Regulatory Recovery Fee is a charge assessed by TeleBlend designed to recover a portion of the taxes, fees, and cost of compliance with certain government imposed regulatory requirements. The Regulatory Recovery Fee is $3.65 per phone number per month. These charges, and what is included, are subject to change from time to time.
Emergency Services Fee TeleBlend charges an Emergency Services fee for providing nationwide emergency 911 service in compliance with Federal and State regulations. The Emergency Service Fee is $3.45 per phone number per month and is separate from any state of locally mandated Emergency 911 charge. These charges, and what is included, are subject to change from time to time.
USF Compliance Fee The Universal Service Fund (USF) subsidizes rural phone companies, phone service for qualified low-income households, and telecom services for schools and libraries. The USF Compliance Fee is $3.35 per phone number per month. These charges, and what is included, are subject to change from time to time.
Network Access Fee. The Network Access Fee (NAF) of $10.59 is assessed per line and is used to cover costs of providing the customer the ability to access the TeleBlend platform from their residence for features including but not limited to E911, TRS, inbound and outbound services. These charges and what is included, are subject to change without further notice.
Suspension/Disconnection Restoration Fee. Suspension/Disconnection Restoration Fee A $20 reactivation fee per line will be assessed in the event that your service is suspended or disconnected for non-payment.
International Regulatory Recovery Fee The International Regulatory Recovery Fee is a charge assessed by TeleBlend designed to recover a portion of the fees, and cost of compliance with certain government imposed regulatory requirements. The International Regulatory Recovery Fee is $9.99 per phone number per month. These charges, and what is included, are subject to change from time to time.
Taxes. You are responsible for, and must pay, any applicable federal, state, local, or other governmental sales, use, excise, public utility, or other taxes, Universal Service Fund and 911 fees, and charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or associated equipment. These amounts are in addition to payment for the Service or Equipment and will be billed to your credit or debit card or debited from your checking account as set forth in this Agreement. If you are exempt from payment of such charges, you must provide documentation satisfactory to us that you are exempt. Tax exemption will only apply from and after the date TeleBlend receives and verifies this documentation. Taxes and other applicable fees will be in the amounts specified by federal, state, and local authorities. If TeleBlend has collected taxes and a challenged tax is found to have been invalid and unenforceable, TeleBlend, in its sole discretion, will either reduce service rates for a fixed period of time in the future in order to ensure customers realize an equivalent value to the amounts collected, or it will credit or refund amounts to affected customers (minus reasonable processing costs), if the amounts collected were retained by TeleBlend. If TeleBlend has refunded to the customer a greater amount in aggregate than it collected from the customer, TeleBlend may in its sole discretion seek to recover that overage amount or simply leave it to the benefit of the customer.
Service Interruption. You acknowledge and agree that credit allowances for interruption of the Service will not be provided.
Billing Disputes. In order to dispute any charges on your TeleBlend bill, you must notify the TeleBlend Billing Department email@example.com within sixty (60) days of the date of the charge. All charges after this 60 day period are considered final and undisputable. All disputes within the period must be submitted directly to the TeleBlend Billing Department since doing a chargeback through your credit card company will result in the suspension of your service. If your service is suspended due to a chargeback being issued through the credit card company, reactivation of the service will be done so at our discretion and a fee of one hundred dollars ($100.00) will be applied to the account. If a billing dispute is submitted through the credit card company instead of the billing department and the dispute is won by TeleBlend, you will also be assessed and charged a fee of one hundred dollars ($100.00) per dispute. The processing times within our billing department for handling the disputes are between 7 and 14 business days. TeleBlend reserves the right to recharge your credit card for the disputed amount plus any applicable fees.
You may cancel your Service at any time. Cancellation requests made by anyone other than the account holder are not accepted for security reasons. Email and/or chat and/or telephone cancellations are accepted after security information is verified and a confirmation number given. A number port to another carrier does not constitute cancelling the Service. You remain fully liable for accrued charges, taxes, and fees outstanding at the time of termination, and you authorize TeleBlend to process these amounts to your credit or debit card. Upon cancellation of service, you also remain liable for the service charges for the current 30 day billing cycle based on the date of your cancellation. If you cancel service prior to your monthly billing cycle date, you will not receive a prorated refund for the remainder of the month. Service activation, LNP and postage fees are not refundable. Any returns of Equipment purchased by Retail Customers are subject to the policies of the TeleBlend authorized retail dealer where the Equipment was purchased.
You agree to defend, indemnify, and hold TeleBlend, its affiliates, and agents and any other service provider who furnishes services to you or enables us to furnish services to you in connection with this Agreement or the Service, harmless from claims or damages relating to or arising out of the Service, the Equipment or its installation, or this Agreement, including, but not limited to, 911 Emergency Dialing or dialing associated with a security system.
You agree that TeleBlend should not be and is not responsible for any third party claims against us that arise from your use of the Service. Further, you agree to reimburse us for all of our costs and expenses related to the defense of any such claims, including attorneys' fees, unless such claims are based on our willful misconduct or gross negligence. Notwithstanding the foregoing, your indemnification obligations related to 911 emergency dialing are more expansive, as described above.
LIMITATIONS OF LIABILITY
BY ENROLLING IN, ACTIVATING, USING, OR PAYING FOR THE SERVICE, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE LIMITATIONS OF TELEBLEND SERVICE DESCRIBED HEREIN.
EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THE MATERIALS ACCOMPANYING THE EQUIPMENT, WE MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EQUIPMENT, OR ANY OTHER EQUIPMENT AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTIES THAT THE SERVICE WILL MEET CUSTOMER REQUIREMENTS. WE ALSO MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING BUT NOT LIMITED TO TELEBLEND EMPLOYEES, AGENTS, OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT
DISPUTE RESOLUTION 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 IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION.
Any dispute or claim between you and TeleBlend arising out of or relating in any way to the Service or the Equipment provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator's decision shall be final and binding. 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. Without limiting the foregoing, the parties agree that no arbitrator has the authority to award relief in excess of what this Agreement provides.
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, INCLUDING PUNITIVE OR EXEMPLARY DAMAGES OR ATTORNEYS' FEES. YOU AND TELEBLEND BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT
The arbitration shall be conducted in English in the state of Vermont and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or TeleBlend may seek any interim or preliminary relief from a court of competent jurisdiction in the state of Vermont, necessary to protect the rights or property of you or TeleBlend pending the completion of arbitration.
YOU ACKNOWLEDGE THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.
General Provisions. This Agreement does not provide any third party with a remedy, claim, or right of reimbursement. Failure by TeleBlend to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. This Agreement, and all other aspects of the use of the Service and the TeleBlend website, shall be governed by and construed in accordance with the laws of the state of Vermont, without regard to its choice of law rules. This governing law provision applies no matter where you reside, or where you use or pay for the Service. This Agreement constitutes the entire agreement between us and supersedes all prior agreements, understandings, statements, or proposals concerning the Service, including representations, whether written or oral. No written or oral statement, advertisement, or service description not expressly contained in the Agreement will be allowed to contradict, explain, or supplement it. Neither you nor TeleBlend is relying on any representations or statements by the other party or any other person that are not included in this Agreement. If any provision in this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Events Beyond Our Control. TeleBlend will not be responsible to you 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.
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 Service without our prior written consent.
Notices. TeleBlend primarily communicates with users of the Service via e-mail. Email from TeleBlend is used to communicate important information about the Service, including billing and changes to the Service, much of which is time-sensitive. You acknowledge that e-mail from TeleBlend constitutes official notice from TeleBlend and that you are required to read in a timely manner all e-mail messages sent to the email address specified by you at the time of registration for the Service in order to avoid any potential disruption of the Service. You also acknowledge that you are responsible for notifying TeleBlend of any changes in your email address.
Survival. The provisions of this Agreement relating to indemnification (including those relating to 911 Emergency Dialing), limitations on liability, warranty limitations, billings, and your obligations to pay for the Service provided, including any additional usage charges, shall survive any termination of this Agreement or termination of the Service.
Non-Waiver. Failure by TeleBlend to insist upon strict performance of any terms or conditions of this Agreement or failure or delay to exercise any rights or remedies provided herein or by law shall not release you from any of the warranties of obligations of this Agreement, and shall not be deemed a waiver of any right of TeleBlend to insist upon strict performance hereof or any of its rights and remedies.
Changes to this Agreement. TeleBlend may change this Agreement from time to time. Any changes will be posted at the Terms of Service section of the TeleBlend website, currently located at www.teleblend.com. Notice will be considered received by you and any such changes will become binding and effective on the date the changes are posted to the TeleBlend website, except in the case of changes to the prices or charges, when we will comply with our notice commitments described above. IF YOU CONTINUE TO BE ENROLLED IN, USE, OR PAY FOR THE SERVICE AFTER ANY CHANGES IN THE PRICES, CHARGES, TERMS, OR CONDITIONS, YOU AGREE TO THE CHANGES. The Agreement as posted supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of the Equipment and any terms provided to Retail Customers.
Updated: August 2013
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