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SureTel Terms & Conditions:

Updated May 25th, 2018

Agreement Summary:

These Terms of Service (the “TOS”) constitute the entire agreement between SureTel, Inc. (“SureTel”) and you on behalf of yourself and any entity that you represent (“You”), as the user of SureTel’s services and any associated software and hardware or web-accessible portals. This TOS governs Your use of the services provided by SureTel.

By subscribing to or using SureTel services, including those services, features or functionality provided by means of mobile applications, or by downloading installing, or using any associated software or hardware, You agree to these TOS. If You do not wish to accept these TOS, do not subscribe to or use any SureTel services or associated software or hardware.

 

Contract Term:

The terms of this Agreement (”Service Agreement”) shall commence on the start date of use of SureTel services and continue through termination subject to the termination clause set forth below. 

 

Commitment:

By executing this Service Agreement, Customer acknowledges and agrees that the Service Agreement and associated prices are correct

 

Operation and Limitations of the SureTel 911 Service:

SureTel Provides Access to Emergency Calling Services (911).

  • SureTel provides access to emergency calling services, allowing most SureTel users to access to Enhanced 911 (E911) service. Your access may differ depending on Your location or the device You are using, and emergency calling services work differently than You may have experienced using traditional wireline or wireless telephones. It is strongly recommended that You have an alternative means for placing emergency calls available at all times.
  • Provided user has enabled 911 services on a DID in their web portal. Users shall be able to call 911 from any devices they are signed in to as their extension. It is the Users responsibility to maintain an up to date address for E911 calls.

 

How it Works.

  • When a SureTel user dials 911, the E911 phone number that you have register E911 services on in the DID screen and the corresponding address you have provided for that number is sent to the local emergency center serving Your location. In some areas, the emergency operator answering the call may not be able to see Your SureTel telephone number or Your Registered Address. You should always be prepared to provide the emergency operator with Your SureTel telephone number and Registered Address in case the call is dropped or disconnected. If You are unable to speak, the emergency operator may not be able to send help to Your location and/or call You back should the call be disconnected. SureTel does not control whether or not the emergency operator receives Your telephone number and Registered Address.

 

Service limitations.

  • SureTel 911 service will not function in the event of an Internet or power outage, if You do not have cellular service (on the SureTel Mobile Application), or if Your broadband, ISP, or SureTel service is terminated. The SureTel Mobile Application cannot send emergency calls over Wi-Fi access. It is possible that network congestion may delay or prevent completion of a 911 call. SureTel 911 service may not be available if You are dialing from a SureTel number that is not a Canadian or United States number.

 

Notification of Employees, Guests, or Other Users.

  • You agree to notify any employees, contractors, guests, or persons who may place calls using the SureTel services or may be present at the physical location where the SureTel services may be used, of the limitations of SureTel 911 Service from Your SureTel IP phone, other equipment or the SureTel Softphone. You and Your End Users should always have an alternative means for placing 911 calls and/or sending text messages to 911.

 

Payments:

  • Unless otherwise specified, services shall be invoiced monthly Customer shall pay all amounts owed promptly upon receipt of invoice but in no event later than the ten (10) days following the invoice date
  • Customer agrees to pay all taxes and fees for subscribed services. These include but are not limited to federal, state, local, or international taxes and fees. As well as those levied by SureTel to administer in the collection and payment of those taxes and fees.
  • SureTel may, in addition to any other remedies available to it, impose a late payment charge of one and one-half percent (1.5%) per month on any amount not paid by the due date, Customer agrees that SureTel has the right to collect from Customer any fees, expenses or costs incurred by SureTel  in collecting any amounts that remain due and owing to SureTel after the due date including, but not limited to, reasonable attorneys’ fees, collection agency costs and court costs. SureTel may assess Customer a fee of $25.00 for any check returned for insufficient funds.

 

Termination:

  • Customer may terminate this agreement at any time provided that the account is in good standing and not past due. Customer shall be responsible for pro-rated billing from the due date that shall be due payable immediately.
  • If SureTel does not receive full payment from Customer by the due date applicable to the Services provided under a Service Agreement, then, in addition to any other rights or remedies of SureTel, SureTel  may, after giving Customer five (5) days notice, suspend all or any portion of the Services provided under any and all Service Agreements until such time as Customer has paid in full all charges then due, including any late payment charge, resumption fees and collection costs. Following such payment, SureTel will resume Services to Customer only if Customer pays in advance SureTel ‘ costs of, and any other fees for, such resumption and provides to SureTel assurances satisfactory to SureTel of Customer’s ability to pay for Services provided under any and all Service Agreements. SureTel may assess Customer a charge of $150.00 to resume Customer’s Services. If Customer fails to make such advance payment or provide such assurances, then Customer will be deemed to have terminated the Service Agreement and SureTel may assess Early Termination Fees as set forth above.
  • Upon termination customer shall have thirty (30) days to port any telephone number from SureTel to a carrier of their choice. If customer fails to port their numbers within thirty (30) day they will be subject to deletion and loss forever.

 

Use Policy:

  • Customer acknowledges that SureTel services are not designed, intended, or allowed for use in any of the following capacities.
    • Illegal or Inappropriate use, Distracted Driving, Spamming, Blasting, Harvesting of Information, Auto-dialing, Transmitting Viruses, ID Spoofing, Infringement of Rights, Derivative Works, Illegal Communications, Excessive Usage, Call Centers, Continuous or Extensive Call Forwarding, Autodialing, Fax Blasting, Telemarking, Interfering with another Customers Use, Network Interference, Avoiding Compliance, Granting Rights to Third Parties, Unauthorized Usage, Circumvention of Security Measures, Interception, Unauthorized Repair, Unauthorized Access, Trunking, Traffic Pumping, Any Automated Marketing.
  • Customer acknowledges that SureTel Unlimited services are subject to fair and reasonable use, which is defined as usage that exceeds 98% of all SureTel customers. Excessive Use is measured on a monthly basis, per simultaneous call line. Excessive usage will be charged at 1.9 cents per minute for any traffic that is considered Excessive Usage.
  • Customer acknowledges that certain features such as call recording may require consent subject to local law. It is the customers responsibility to use the system according to all local laws and ordinances at all times.
  • Customer found to be violating the SureTel Use Policy shall be subject to immediate termination as Customer’s Material Breach of these Terms of Service.

 

Indemnity:

  • The Customer will indemnify SureTel, its staff, contractors and agents for any loss or damage suffered or incurred as a result of failure to obtain any necessary license or consent to enter any premises, or premises being unsafe or unsuitable, or any failure of the client to comply with any conditions imposed by any other party.

 

Confidentiality:

  • Definition of Confidential Information. For purposes of this Section 8, “Confidential Information” shall mean (i) all confidential or proprietary information of the Disclosing Party; (ii) all information marked or designated by the Disclosing Party as confidential; (iii) all information, whether or not in written form and whether or not designated as confidential, which is known to the Receiving Party as being treated by the Disclosing Party as confidential; (iv) all information provided to the Disclosing Party by third parties which the Disclosing Party is obligated to keep confidential; and (v) all other information, however documented, that is a trade secret of the Disclosing Party within the meaning of the Oregon Uniform Trade Secret Act. Notwithstanding the foregoing, Confidential Information shall not include any information now or hereafter voluntarily disseminated by the Disclosing Party to the public, or which otherwise becomes part of the public domain through lawful means.
  • Mutual Obligations. Each party (as the “Receiving Party”) acknowledges and agrees that all Confidential Information disclosed by the other party (as the “Disclosing Party”) is confidential and proprietary to the Disclosing Party. The Receiving Party will not, during the term of this Agreement or thereafter, directly or indirectly, copy, transmit, reproduce, summarize, quote or make any use whatsoever of any Confidential Information of the Disclosing Party, except as may be expressly authorized by this Agreement or otherwise necessary for the performance by the Receiving Party of its obligations under this Agreement. The Receiving Party will hold all Confidential Information of the Disclosing Party in confidence and will not, during the term of this Agreement or thereafter, reveal, communicate or disclose any such Confidential Information, directly or indirectly, under any circumstances or by any means, to any third person without the prior express written consent of the Disclosing Party.
  • Return of Confidential Information. The Receiving Party agrees, upon the expiration or termination of this Agreement, or otherwise as requested by the Disclosing Party, to promptly deliver to the Disclosing Party all of the Disclosing Party’s Confidential Information, that maybe in the Receiving Party’s possession or under its control.

 

Special Stipulations:

  • All SureTel rates are available upon request and subject to change.
  • SureTel shall not be held responsible for any delay or failure of performance hereunder caused by acts of God, poor weather conditions, power outages, war, riot, terrorism, fire, explosion, flood, strike, lock-out, injunction, governmental law or regulations, or any other cause beyond the control of SureTel.
  • These terms of service and your use of SureTel service shall be govern by and constructed under the laws of the State of Oregon and the United States of America without regard to it conflict of law rules.
  • You agree that any disputes shall be adjudicated in the state and federal courts of the State of Oregon, USA. Venue for any disputes shall be the jurisdiction of Washington County Courts. You herby consent to venue and personal jurisdiction in such courts with respect to such dispute and irrevocably waive any right that you may have to assert that such forum is not convenient or that any such court lacks jurisdiction.

 

BY SIGNING UP FOR, AND UTILIZING SURETEL SERVICE, CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS HAD THE OPPORTUNITY TO REVIEW THE TERMS AND CONDITIONS AND THE CUSTOMER AGREES TO THE TERMS AND CONDITIONS SET FORTH IN THIS DOCUMENT.