By signing this form, I personally agree to pay all charges incurred on my Corporate Personal RINGARO TELECOM, INC Telecom account, including any applicable Federal, State or Local use, excise tax, sales tax and privilege taxes, duties or similar liabilities by the stated due date and to adhere to all of the terms and conditions set forth in this agreement and all applicable tariff(s). I agree to all the additional terms and conditions included on pages 2 of this agreement. REV. 8/08
SERVICES & TERMS OF AGREEMENT
SERVICES The telecommunications services offered by RINGARO TELECOM, INC under this Agreement are offered pursuant to the Terms of Service (TOS) listed on RINGARO TELECOM, INC’S website located at www.ringaro.com. The services provided hereunder are offered under, and pursuant to, the pricing, terms, conditions and limitations as set forth in such tariff. Customer agrees to abide by and be bound by the terms and conditions and all non-recurring and monthly recurring charges of said tariff and said tariff is fully incorporated herein.
1. GENERAL: (A) No waiver, alteration or discharge of any of the provisions hereof shall be binding unless in writing, and duly signed by the party against whom enforcement is sought. (B) Any notice permitted or required, shall be in writing and sent postage paid, first class United States mail, to the party for which intended, at the address last provided to each party. (C) This is the entire Agreement between the parties and no oral or written representation not herein contained shall be binding upon Company unless confirmed by a written instrument signed by a duly authorized officer of Company.
DISCLAIMER OF WARRANTIES
2. Except as otherwise stated herein, Company makes no warranty, express or implied, with respect to the provision by it of service hereunder, and disclaims any express or implied warranty of merchantability or fitness for a particular purpose with respect to such services. Further, in no event shall Company be liable, and company expressly disclaims any liability for, actual, special, incidental, punitive or consequential damages or losses, foreseeable or unforeseeable, including, without limitation, lost sales or lost profits, which customer (or any of customer’s customers) may suffer as a result of Company provision of or failure to provide services, or the use or non-use of such services by the customer. Company expressly disclaims any representation or warranty regarding any percentage of savings regarding the use of any services provided by Company.
3. PRICE: In addition to monthly fixed charges, Customer will be charged for each call made at a price based on call duration and applicable mileage. Rates may be changed at any time, through the tariff process, subject to such notice as may be required by law. All appropriate sales, excise and other taxes and surcharges required by law, state and federal regulation will also apply.
4. PAYMENT: Payment is due upon receipt of your invoice. Your account is delinquent 20 days after the date of your invoice. There is no finance charge for services performed during a billing period if the balance is paid within 20 days of the date shown on the bill for that period. If not paid within the 20-day period, a finance charge equal to the current legal rate of interest will be applied to all delinquent balances owed to Company. The amount of the “FINANCE CHARGE” for each statement period is computed by applying the “Periodic Rate: to the Previous Balance”. The “Periodic Rate” is 1.5% per month, unless otherwise indicated by applicable law. The “ANNUAL PERCENTAGE RATE” is 18 percent with a minimum $10.00 late fee. RINGARO TELECOM, INC may change these terms, but only by mailing or delivering written notice of such change to you as required by applicable law. Continuation thereafter of service by Company shall be subject to the approval of RINGARO TELECOM, INC credit department and may require payments in advance, deposits or other guarantees to satisfy Company that invoices will be paid when due. Either party to this Agreement may cancel upon written notice to the other party except that Company may suspend service to the customer at any time for non-payment. Company will charge a $20.00 fee for any returned check. Customer is liable for all fixed charges (if any) that continue to bill regardless of actual long distance usage amount, until Customer specifically notifies Company of service cancellation. In the event service is suspended or disconnected, a reconnection fee for the continuation of service equal to the original connection fee (or $50.00, whichever is greater) may be charged.
5. TERMINATION CHARGES: (a) In the case of a term commitment, if Service is terminated prior to the end of the term of this Agreement, the termination charge shall be equal to the average monthly billing for service (or the committed usage, whichever is greater) times the number of months remaining in the term of the Agreement. (b) If Customer or RINGARO TELECOM, INC terminates this Agreement and a termination charge is due pursuant to the Agreement, RINGARO TELECOM, INC shall compute the termination charges, as set forth above, and render a bill to Customer.
6. MODIFICATION: This Agreement may be modified, amended or changed by the Company as provided herein and by Customer only upon written notification to the Company and Company’s written agreement to bound by any such proposed modification, amendment or change.
7. CUSTOMER I.D. NUMBERS: All calls billed to Customer’s I.D. Number become the sole responsibility of Customer. Use of Authorization Code constitutes acceptance of terms and conditions.
8. INTERPRETATION: It is expressly understood that this Agreement contains all terms, covenants, conditions and agreements between the parties hereto relating to the subject matter of the Agreement and that no prior agreements, understanding or representations, either oral or written pertaining to the same shall be valid or of any force or effect. The Language in all parts of this Agreement shall be in all cases construed according to its fair meaning and not strictly for or against any of the parties hereto.
9. ATTORNEY’S FEE: Should any party or parties hereto institute any action or proceeding to enforce or interpret any term or provision hereof, or for damages by reason of any default hereunder or for any other judicial remedies, the prevailing party or parties shall be entitled to reimbursement from the nonprevailing party or parties of the prevailing part’s or parties’ reasonable attorney’s fees and cost, including on any appeal, as determined by a court of competent jurisdiction.
10. ASSIGNMENT: This Agreement shall be binding upon and inure to the benefit of the personal and legal representatives, successors, and assigns of the parties and also upon the heirs, executors and administrators of any individuals executing this Agreement. This Agreement may not be assigned by the Customer without the prior consent of the Company, which will not be unreasonably withheld.
11. CREDITS: Upon Customer request, a credit equivalent to the actual charge for the call up to 1 minute in length will be applied for a wrong number, except for customers with 800 service (see “800 Service Disclaimer”), or for a call associated with a Company network problem. However, the calling party must request the credit immediately be calling your Customer Service Representative.
12. 800 SERVICE DISCLAIMERS: Because an 800 number is generally available to the public, Company is not responsible for misdialed numbers or incorrect advertising of our customer’s 800 number by other person’s or companies, and credit will not be given for these reasons. Pay phone surcharges apply.
13. COLLECT CALLS, customer will be responsible for any charges related to receiving or accepting collect calls.
14. INTERNATIONAL OR CARRIBIAN CALLS: Customer will be responsible for any international or Caribbean calls made at a reasonable rate to be determined by Ringaro Telecom.
15. The Term of this agreement shall begin on the date the service is installed. Following the expiration of the initial term, the Agreement shall for an additional like term upon the same terms and conditions specified herein or in the applicable tariff unless customer provides ninety (90) days prior written notice of intent not to renew this agreement. By signing this form, I agree to pay all charges incurred on my RINGARO TELECOM, INC account, including any applicable Federal, State or Local use, excise tax, sales tax and privilege taxes, duties or similar liabilities by the stated due date and to adhere to all of the terms and conditions set forth in this agreement and all applicable tariff(s).
16. APPLICABLE LAW
This Agreement shall be governed under the laws of the state of California; Customer agrees to judicial venue in Ventura County. This agreement and all rates, services and products provided hereunder is made subject to all present and future valid orders and regulations of and tariffs filed with any regulatory body having jurisdiction over the subject matter hereof, and to the laws of the United States, and of its states, or any foreign governmental agency having jurisdiction. In the event this Agreement, or any of its provisions, shall be contrary to or in this Agreement shall be deemed modified to the extent necessary to comply with any such order, rule, regulation or law materially affects the rights of either party hereunder, then this Agreement may be terminated upon written notice by one party to the other party.
17. UNLIMITED FEATURES FOR HOSTED SERVICES. Services that offer Unlimited Features are for reasonable business use, and any use in excess of two times (2x) the average monthly usage of all RINGARO TELECOM, INC customers using the same hosted services shall be presumed to be unreasonable. In the event of Customer’s unreasonable business use of such Unlimited Features, RINGARO TELECOM, INC may in its sole discretion (a) place reasonable limitations or restrictions on Customer’s use of such Unlimited Features; and/or (b) suspend or terminate the Services provided to Customer. “Unlimited Features” means unlimited plans, features or functionality, including without limitation unlimited minutes, calling destinations, text messages, call queues and data storage, included in an applicable service.
18. LETTER OF AGENCY: My signature on this document authorizes RINGARO TELCOM, INC, to act as my service provider for the purpose of ordering, changing, and/or maintaining communication services listed on the Quote form, including but not limited to local exchange, interstate, intraLATA and/or interLATA telephone services. RINGARO TELECOM, INC is also authorized to obtain billing information, customer service records and other network information required to provide my telecommunications services. I authorize RINGARO TELECOM, INC, to unblock my carrier choice service protection to make the change to RINGARO TELECOM, INC possible. I understand that I may designate only one primary interexchange carrier for any one telephone number for intraLATA and interLATA usage. I further understand that a charge may apply for moving onto or off of my current provider. I am at least 18 years of age and am authorized to change service providers. I understand that the services provided to me are subject to credit approval.
19. E911 CHARACTERISTICS AND LIMITATIONS.
CUSTOMER ACKNOWLEDGES THAT RINGARO TELECOM, INC’S E911 SERVICE HAS CERTAIN CHARACTERISTICS THAT DISTINGUISH IT FROM TRADITIONAL, LEGACY, CIRCUIT-SWITCHED 911 SERVICE. THESE CHARACTERISTICS MAY MAKE RINGARO TELECOM, INC E911 SERVICES UNSUITABLE FOR SOME CUSTOMERS. CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER’S RESPONSIBILITY TO DETERMINE THE TECHNOLOGY OR COMBINATION OF TECHNOLOGIES BEST SUITED TO MEET CUSTOMER’S EMERGENCY CALLING NEEDS, AND TO MAKE THE NECESSARY PROVISIONS FOR ACCESS TO EMERGENCY CALLING SERVICES (SUCH AS MAINTAINING A CONVENTIONAL LANDLINE PHONE OR WIRELESS PHONE AS A BACKUP MEANS OF COMPLETING EMERGENCY CALLS).
IN ADDITION TO THE LIMITATIONS SET FORTH ABOVE, THE FOLLOWING ARE SOME OF THE KEY CHARACTERISTICS THAT DISTINGUISH RINGARO TELECOM, INC’S E911 SERVICE FROM TRADITIONAL, LEGACY, CIRCUIT-SWITCHED 911 SERVICE:
· ELECTRICAL POWER. THE SERVICES WILL NOT FUNCTION IN THE ABSENCE OF ELECTRICAL POWER. IF THERE IS A POWER OUTAGE, CUSTOMER MAY BE REQUIRED TO RESET OR RECONFIGURE THE EQUIPMENT BEFORE BEING ABLE TO USE RINGARO TELECOM, INC’S SERVICES, INCLUDING FOR E911 PURPOSES.
· INTERNET ACCESS. THE SERVICES WILL NOT FUNCTION IF THERE IS AN INTERRUPTION OR SIGNIFICANT DEGRADATION OF CUSTOMER’S BROADBAND OR HIGH-SPEED INTERNET ACCESS SERVICE.
· NON-VOICE SYSTEMS. THE SERVICES ARE NOT SET UP TO FUNCTION WITH TEXT MESSAGES OR OUTDIALING SYSTEMS INCLUDING HOME SECURITY SYSTEMS, MEDICAL MONITORING EQUIPMENT, TTY EQUIPMENT, AND ENTERTAINMENT OR SATELLITE TELEVISION SYSTEMS.
· EQUIPMENT FAILURE. THE SERVICES WILL NOT FUNCTION IF CUSTOMER’S EQUIPMENT (DTA, PHONE, VIDEOPHONE, ETC.) FAILS OR IS NOT CONFIGURED CORRECTLY.
· SERVICE FAILURE OR SHUT-OFF. THE SERVICES WILL NOT FUNCTION CUSTOMER’S RINGARO TELECOM, INC SERVICE IS NOT AVAILABLE FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, SUSPENSION OR CANCELLATION OF SERVICE FOR NON-PAYMENT OR OTHER REASONS.
· INCORRECT LOCATION DATA. IF CUSTOMER DOES NOT CORRECTLY IDENTIFY THE ACTUAL LOCATION OF THE RINGARO TELECOM, INC EQUIPMENT AT THE TIME OF ACTIVATION OF THE SERVICE OR WHEN UPDATING THAT INFORMATION WITH RINGARO TELECOM, INC CUSTOMER SERVICE, E911 COMMUNICATIONS MAY NOT BE DIRECTED TO THE CORRECT LOCAL EMERGENCY OPERATOR.
· LOCATION UPDATING DELAY. FOLLOWING ANY CHANGE OF AND UPDATE TO CUSTOMER’S PHYSICAL LOCATION IN CUSTOMER’S ACCOUNT REGISTRATION INFORMATION, THERE MAY BE SOME DELAY BEFORE THE AUTOMATIC NUMBER AND LOCATION INFORMATION IS PASSED TO THE LOCAL EMERGENCY SERVICE OPERATOR. THIS INFORMATION IS TYPICALLY POPULATED INTO RINGARO TELECOM, INC’s NOMADIC E911 DATABASES PRIOR TO SERVICE ACTIVATION, BUT RINGARO TELECOM, INC CANNOT GUARANTEE THIS TIMING.
· INCOMPATIBILITY WITH SYSTEMS OF OPERATOR. THE LOCAL EMERGENCY SERVICE OPERATOR RECEIVING RINGARO TELECOM, INC E911 EMERGENCY SERVICE CALLS MAY NOT HAVE A SYSTEM CONFIGURED FOR E911 SERVICES OR BE ABLE TO CAPTURE AND/OR RETAIN AUTOMATIC NUMBER OR LOCATION INFORMATION. THIS MEANS THAT THE OPERATOR MAY NOT KNOW THE PHONE NUMBER OR PHYSICAL LOCATION OF THE PERSON WHO IS MAKING THE RINGARO TELECOM, INC E911 CALL. DUE TO TECHNICAL FACTORS IN NETWORK DESIGN, AND IN THE EVENT OF NETWORK CONGESTION ON THE RINGARO TELECOM, INC NETWORK, THERE IS A POSSIBILITY THAT A RINGARO TELECOM, INC E911 CALL WILL PRODUCE A BUSY SIGNAL OR WILL EXPERIENCE UNEXPECTED ANSWERING WAIT TIMES AND/OR TAKE LONGER TO ANSWER THAN E911 CALLS PLACED VIA TRADITIONAL, LEGACY, CIRCUIT-SWITCHED TELEPHONE NETWORKS.
20. E911 LIMITATION OF LIABILITY.
WITHOUT LIMITING SECTION 15 OF THE GLOBAL TERMS, CUSTOMER ACKNOWLEDGES AND AGREES THAT RINGARO TELECOM, INC WILL HAVE NO LIABILITY WHATSOEVER IN THE EVENT THAT CUSTOMER (INCLUDING ANY AGENT OF CUSTOMER) OR ANY OTHER CALLER FROM CUSTOMER’S EQUIPMENT OR USING CUSTOMER’S SERVICES IS UNABLE TO PLACE, OR COMPLETE, A CALL TO 911 OR E911 SERVICES, OR IN THE EVENT THAT EMERGENCY RESPONDERS DO NOT RESPOND, OR DO NOT RESPOND TO THE LOCATION AT WHICH THE EQUIPMENT, CUSTOMER, OR CALLER IS PHYSICALLY PRESENT OR REQUIRE SUCH SERVICES, INCLUDING UNDER ANY OF THE CIRCUMSTANCES DESCRIBED IN SECTION 1.5.
CUSTOMER ACKNOWLEDGES AND AGREES THAT THE FOREGOING LIMITATION OF RINGARO TELECOM, INC’S LIABILITY IS REASONABLE AND IS A MATERIAL TERM TO THIS AGREEMENT, AND THAT RINGARO TELECOM, INC WOULD NOT PROVIDE SERVICES TO CUSTOMER WITHOUT THIS LIMITATION.
21. E911 INDEMNITY. Customer agrees to indemnify and hold harmless RINGARO TELECOM, INC from any and all third-party claims, losses, damages, fines, or penalties arising out of (a) Customer’s failure to provide to RINGARO TELECOM, INC current and complete information concerning its service address(es), or to update its registered address(es) for E911 service, or (b) Customer’s failure to properly notify any person who may place calls using Customer’s Services of the E911 limitations as required by this document.
RINGARO TELECOM, INC