days before the end of the monthly term in which the notice is given. If you terminate Service prior to the end of a monthly term, you will be responsible for the full month’s charges to the end of the then-current term and any and all outstanding charges. Customer is responsible for, and shall pay, any applicable federal, state, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or 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 account.
1.2.1 FTS Does not provide Residential or Home Telephone Services.
1.2.2 Business Use of Service and Device – Prohibition on Resale. If you have subscribed to FTS’s Business services, the Service and Device are provided to you as a business user. This means that you are not to resell or transfer the service or device to any other person for any purpose. You agree that the FTS Business Plans are for ordinary and usual office voice communications and do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting, fax blasting, or any type of automated or continuous use. FTS reserves the right to immediately terminate or modify the Service, if FTS determines, in its sole discretion, that Customer’s Service is being used for any of the aforementioned activities, in accordance with applicable law regarding such terminations.
1.2.3 Bundled Service: You acknowledge and agree that the Services are offered on a bundled basis (including local, toll, long distance and international service) and cannot be separated. You acknowledge that these services (local, toll, and long distance) are not available individually and that in order to maintain each of the services in the bundle, one must maintain the others on the same service line. Should you wish to change any of these services provided by FTS, You will terminate your Service with FTS.
1.2.4 Equipment Non-Return Fee: (Depending on Business or Residential Services. See Section 6 for Early Termination for Business Phones Services) you will be charged an equipment non-return fee of $175.00 per Device obtained from FTS upon termination of Service for any reason regardless of if such termination is by FTS or you. The equipment non-return fee becomes due and payable immediately upon termination and will be billed directly to your credit card. If you have multiple Devices, you will be charged an equipment non-return fee of $175.00 per Device for each Device belonging to FTS in your possession. To receive a credit for the equipment non-return fee, you must return the Device(s) undamaged and in original condition within fourteen (14) days of termination. FTS will not credit you if the Device(s) is damaged or not in its original condition as received by you. In the event you disconnect multiple lines, FTS will issue you a credit for all equipment non-return fees upon receipt of all Devices (e.g., Multimedia Terminal Adapters, etc.) in accordance with this Section. Further, FTS reserves the right to charge you for any power cables, network cables or other incidental equipment (Equipment) provided to you in addition to the Device should such Equipment not be returned.
1.3 Lawful Use of Service and Device
1.3.1 Prohibited Uses: You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in FTS’s sole judgment the transmission, receipt or possession of such communication would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. FTS reserves the right to terminate your service immediately and without advance notice if FTS, in its sole discretion, believes that you have violated the above restrictions, or any Applicable Tariff term, leaving you responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, plus an equipment non-return fee, all of which immediately become due and payable, as may be permitted under Applicable Law. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you and agree to indemnify and hold harmless FTS against any and all liability for any such use that fails to comply with this Section 1.3.1. If FTS, in its sole discretion believes that you have violated the above restrictions, FTS may forward the objectionable material, as well as your communications with FTS and your personally identifiable information to the appropriate authorities for investigation and prosecution.
1.3.2 Use of Service and Device by Customers outside the United States: While we encourage use of the Service within the United States to other countries, FTS does not presently offer or support the Service to customers located in other countries. If you remove the Device to a country other than the United States and use the Service from there, you do so at your own risk, including the risk that such activity violates local laws in the country where you do so. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you. Transport or sale of the Device outside of the United States may result in a violation of US or foreign technology import/export laws or rules; compliance with which is your sole responsibility.
1.4 Loss of Service Due to Power Failure and or Internet Failure: You acknowledge and understand that the Service does not function in the event of power failure and or Internet Failure. Should there be an interruption in the power supply and or Internet Failure to your Device or at any point in your transmission path; the Service will not function until power and or Internet Failure is restored. A power failure and or Internet Failure or disruption may require the Customer to reset or reconfigure equipment including your Device or any connecting equipment in your transmission path prior to utilizing the Service. Power disruptions and or Internet Failure and failures will also prevent dialing to emergency service numbers including any 911 calling feature that may be activated in or accessed by your Service.
1.5 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 provided or offered by FTS and on FTS’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 (collectively “marks”) of FTS are and shall remain the exclusive property of FTS and nothing in this Agreement shall grant you the right to 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 (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. If you decide to use the Service through an interface device not provided by FTS, which FTS 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 FTS against any and all liability arising out of your use of such interface device with the Service.
1.6 Tampering with the Device: You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from FTS in each instance. Doing so shall constitute a violation of this Agreement. You also agree not to reverse engineer any device FTS provides service on like IP Phones, ATAs, Gateways, Switches and any other device FTS uses to provide service. FTS does not provide Administrator passwords or Administrator privileges to the end user on any device regardless if the customer Leased, purchased or provided their own equipment.
1.7 Theft of Service: You agree to notify FTS immediately, by calling the FTS customer service line, if the Device or Service is stolen or if you suspect or become aware at any time that your Service is being stolen or fraudulently used. You will be liable for all use of the Service using a Device or Access Code stolen from you and any and all stolen Service or fraudulent use of the Service until FTS is informed of the theft.
1.8 Delivery or Warranty of Device; Ownership of the Device: If Customer receives cartons and/or Devices that are visibly damaged, please note the damage on the carrier’s freight bill or receipt and keep a copy. Keep the original carton, all packing materials and parts intact and contact FTS’s customer care department immediately. Warranty coverage varies depending on the type of Device that Customer chooses. Please refer to the FTS warranty materials included in the packaging of your Device(s). If Customer purchased the Device new from FTS 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 certain warranties. If Customer’s Device did not include a limited warranty from FTS at the time of purchase, Customer agrees that it accepts its Device “as is” and that Customer is not entitled to replacement or refund in the event of any defect. You understand that any Device provided by FTS for use with the Service is and remains the exclusive property of FTS unless purchased in full by you. Nothing in these terms should be construed to confer any title, rights of ownership, or other property rights onto you, the Customer.
1.9 Number Transfer on Service Termination: FTS may, solely at the Company’s discretion, release the telephone number that was ported in to FTS by you and used in connection with your Service provisioned by FTS 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; and (ii) you request the transfer upon terminating your account.
1.10 Service Distinctions: You acknowledge and understand that VoIP Service has different technical limitations than a traditional telephone service. Technical differences exist between traditional telephone service and this VoIP Service offering provided by FTS. The Service may be subject to different regulatory treatment than traditional or wire line phone service. This treatment may limit or otherwise affect your rights and responsibilities before Federal and State regulatory agencies. While broadband internet service is required for all services provided by FTS, FTS is NOT responsible for the quality or reliability of the Internet services at the customer location. It is the responsibility of the customer to have and maintain hi quality broadband internet service at their location.
2. EMERGENCY SERVICES- 911 DIALING
2.1 Differences in Availability and Operation of Emergency Dialing Service (“911” or “E911”): You acknowledge and understand that the Service does NOT function or connect the same way as traditional copper, fiber or wire line telecommunications support for traditional 911 or E911 access to emergency services. The 911/E911 Services offered by the Company in conjunction with these services are available only on FTS-provided or other approved Devices as described herein, and only in specific areas, as specified by the Company, but you acknowledge and understand that 911-type dialing is NOT automatic. When ordering the service, you must separately activate such 911-type dialing capabilities by specifically requesting them at the time of service activation or thereafter, subject to FTS, governmental and/or industry technical approval, availability and restrictions, with specific confirmation from FTS, as described herein. Such request must contain specific information as requested, and as may be modified by FTS in its sole discretion from time to time, and must be accompanied by your acceptance of the specific term, conditions and responsibilities attendant thereto, including but not limited to maintenance and communication to FTS in advance of any changes in information relating to the physical location for which the 911-type capabilities may be activated, and/or authorized login, passwords and authorized users on the account. FTS 911 dialing cannot be used in conjunction with any “Soft Phone” (“download”) application. You agree to inform any household residents, guests and other third persons who may be present at the physical location where you utilize the Service as to the non-availability of traditional 911 or E911 dialing from your FTS Service and Device(s). If you activate FTS 911-type dialing service, you agree to inform any household residents, guests and other third persons who may be present at the physical location where you utilize the Service as to the important differences and limitations of FTS 911 dialing service as compared with traditional 911 or E911 dialing, as set forth in this Agreement, including without limitation the conspicuous posting on the device of any caution or warning materials as may be appropriate, and you agree to make reasonable efforts and use reasonable judgment in informing them of the proper and specific operation and requirements of the Service, if available, and/or to restrict third parties’ access to the Service for any purpose.
2.2 Description of 911-Type Dialing Capabilities – Activation Required: You acknowledge and understand that 911-type dialing is NOT automatic. You acknowledge and understand that you cannot dial 911 from this line unless and until you have received a confirming email regarding service activation generally and a primary number assignment associated with the geographic location you have provided and agree to maintain. Once you have received a confirming email that such limited 911 dialing has been successfully activated according to this Agreement and any amendments hereto that may be posted from time to time on the FTS website, you may dial 911 as needed, provided that all other Service requirements, including but not limited to, power supply, broadband internet connection, internet service provider login or “timing out” (even with an automatic restart that may cause a reassignment by your internet service provider of a different session-based internet address), and Service login are activated, operational and uninterrupted for the entire duration of the call. When you dial 911 from your designated physical location, your call is routed from the FTS network to the Public Safety Answering Point (PSAP) or to local emergency service personnel designated for the address that you listed at the time of activation and confirmation. FTS can only route 911-type calls within certain geographic areas, from FTS-provided devices and IP phone primary number assignments designated by FTS as geographically appropriate, as locations within such areas may be confirmed by FTS upon service activation. You acknowledge and understand that any 911-type calls made from any physical or geographical location other than the physical location designated and associated with the account, regardless where a caller or third party desires or requires emergency assistance, will fail. WHEN YOU DIAL 911 ON YOUR PHONE UTILIZING FTS VOIP SERVICE, YOUR CALL MAY BE ROUTED TO A DIFFERENT DISPATCHER THAN THAT USED FOR TRADITIONAL 911 DIALING. THE DISPATCHER WILL BE LOCATED AT EITHER THE PUBLIC SAFETY ANSWERING POINT (PSAP) OR WILL BE LOCAL EMERGENCY SERVICE PERSONNEL DESIGNATED FOR THE ADDRESS YOU LISTED AT THE TIME YOU REGISTERED FOR THE SERVICE. As described herein, this 911-type dialing currently is NOT the same as traditional 911 or E911 dialing, and at this time, does not necessarily include all of the capabilities of traditional 911 dialing. Note, in particular, that certain features of “E911” may not be available in your area or technically feasible via this Service. While certain call-back capabilities, if they are available, may function on this Service, any interruption before, during or after any call — in power supply, broadband internet connection, internet service provider login or “timing out” (even with an automatic restart that may cause a reassignment by your internet service provider of a different session-based internet address), or Service login may cause these features to fail.
2.3 Service Outage:
2.3.1 Power Outage: You acknowledge and understand that 911 dialing, like the Service as a whole, does not function in the event of a power failure. Should there be an interruption in the power supply, the Service and 911 dialing will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment, connections or logins, prior to utilizing the Service or 911 dialing.
2.3.2 Broadband Service Outage: You acknowledge and understand that service outages or interruptions by your broadband provider will prevent ALL Service including 911 dialing. Even a brief interruption in your broadband internet connection may cause the Service and 911 calling to fail until Customer resets or reconfigures equipment, connections or logins.
2.3.3 Service Outage Due to Suspension of Your Account: You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent ALL Service, including 911 dialing.
2.3.4 Other Service Outages: You acknowledge and understand that if there is a service outage for ANY reason; such outage will prevent ALL Service, including 911 dialing. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.
2.3.5 Limitation of Liability and Indemnification: You acknowledge and understand that the Company’s liability is limited for any Service outage and/or inability to dial 911 from your line or to access emergency service personnel, as set forth in this document, and applicable Tariffs. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS FTS, 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, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING.
2.4 Requires Activation: You acknowledge and understand that 911 dialing does not function unless you have successfully activated the 911dialing feature on your account, and until such later date that such activation has been confirmed to you through a confirming email, and until you have carefully reviewed the email and, if indicated, have responded to any informational errors or discrepancies in such email, and, if applicable, such errors, if any, are corrected and the corrections confirmed in writing by FTS. YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU CANNOT DIAL 911 FROM THIS LINE UNLESS AND UNTIL YOU HAVE RECEIVED A CONFIRMING EMAIL. You agree to carefully review the confirmation email for any errors in your account information, and understand and acknowledge that FTS relies exclusively on you to provide and review the correct information for providing your Service.
2.5 Failure to Designate the Correct Physical Address When Activating 911 Dialing: IF YOU DO NOT CORRECTLY IDENTIFY THE ACTUAL LOCATION WHERE YOUR FTS EQUIPMENT WILL BE LOCATED AT THE TIME YOU REGISTER FOR THE SERVICE, 911 COMMUNICATIONS MAY BE MISDIRECTED TO AN INCORRECT LOCAL EMERGENCY SERVICE PROVIDER.
2.6 Requires Re-Activation if You Change Your Number: You acknowledge and understand that 911 dialing does not function if you change your phone number unless and until you have successfully activated the 911 dialing feature following the instructions from the “Dial 911” link on your dashboard, and until such later date that such activation has been confirmed to you through a confirming email. 911 dialing must be re-activated. Although you may have activated 911 dialing with your former FTS phone number, you must separately activate 911 dialing for any new number.
2.7 Change of Physical Location of Equipment: 911 DIALING WILL NOT FUNCTION CORRECTLY IF YOU MOVE YOUR FTS EQUIPMENT TO A LOCATION OTHER THAN THAT PROVIDED WHEN YOU REGISTERED FOR THE SERVICE. IN SUCH EVENT, IN ORDER TO HAVE 911 CALLING ROUTED CORRECTLY, YOU MUST UPDATE YOUR SERVICE ADDRESS IN ACCORDANCE WITH THE INSTRUCTIONS ON THE FTS VOIP SERVICE WEBSITE.
2.8 Requires Re-Activation if You Move: You acknowledge and understand that 911 dialing does not function properly or at all if you move or change the physical location of your equipment to a different street address. Failure to provide the current and correct physical address and location of your FTS equipment will result in any 911 dialing you may make being routed to the incorrect local emergency service provider
2.9 Possibility of Network Congestion and/or Reduced Speed for Routing 911: Due to the manner in which it is technically possible to provide the 911 dialing feature for FTS VoIP Service at this time, you acknowledge and understand that there is a greater possibility of network congestion and/or reduced speed in the routing of a 911 communication made utilizing your equipment as compared to traditional 911 dialing over traditional public telephone networks. You acknowledge and understand that your call may be routed to a different dispatcher than that used for traditional 911 dialing. The dispatcher will be located at either the public safety answering point (PSAP) or will be local emergency service personnel designated for the address you listed at the time you registered for the service. You acknowledge and understand that there may be a greater possibility that the general telephone number for the local emergency service provider will produce a busy signal or will take longer to answer, as compared to those 911 calls routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls using traditional 911 dialing.
2.10 Automated Number Identification: At this time in the technical development of FTS 911 dialing, it may or may not be possible for the Public Safety Answering Point (PSAP) and the local emergency personnel to identify your phone number when you dial 911. FTS’s system is configured in most instances to send the automated number identification information; however, the phone system routes the traffic to the PSAP and the PSAP itself must be able to receive the information and pass it along properly, and they are not yet always technically capable of doing so. You acknowledge and understand that PSAP and emergency personnel may or may not be able to identify your phone number in order to call you back if the call is unable to be completed, is dropped or disconnected, or if you are unable to speak to tell them your phone number and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.
2.11 Automated Location Identification: At this time in the technical development of FTS 911 Dialing, it may not be possible to transmit identification of your service address that you have listed to the Public Safety Answering Point (PSAP) and local emergency personnel for your area when you dial 911. You acknowledge and understand that you may need to state the nature of your emergency promptly and clearly, including your location, as PSAP personnel will NOT have this information. You acknowledge and understand that PSAP and emergency personnel may not be able to find your location if the call is unable to be completed, is dropped or disconnected, if you are unable to speak to tell them your location, and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.
2.12 Alternative 911 Arrangements: YOU ACKNOWLEDGE THAT THIS SERVICE IS NOT OFFERED AS A PRIMARY LINE OR LIFELINE SERVICE. YOU SHOULD ALWAYS HAVE AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL E911 SERVICES.
2.13 No compatibility with other equipment: All non-voice communications equipment, including but not limited to, home security systems that are set up to make automatic phone calls, fax machines, modems and medical monitoring devices, are not compatible with the Service. By accepting this Agreement, you waive any claim against FTS for interference with or disruption of such systems due to the Services
3. WARRANTY and LIABILITY LIMITATIONS / INDEMNIFICATION
3.1 Limitation of Liability: FTS shall not be liable for any delay or failure to provide the Service, including 911 dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following: 1.) act or omission of an underlying carrier, service provider, vendor or other third party; 2.) equipment, network or facility failure; 3.) equipment, network or facility upgrade or modification; 4.) force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions; 5.) Equipment, network or facility shortage; 6.) Equipment or facility relocation; 7.) Service, equipment, network or facility failure caused by the loss of power to Customer; or 8.) any other cause that is beyond FTS’s control, including without limitation the failure of an incoming or outgoing communications, the inability of communications to be connected or completed, including 911 dialing, or degradation of voice quality. FTS’s liability for any failure or mistake shall in no event exceed Service charges with respect to the affected time period.
3.2 No Consequential Damages: In no event shall FTS, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to Customer in connection with this Agreement or the Service be liable for any incidental, indirect, special, punitive, exemplary or consequential damages, or for any damages, including but not limited to loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use the Service, including inability to be able to dial 911 or to access emergency service personnel through the Service. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, products liability, tort and any and all other theories of liability and apply whether or not FTS was informed of the likelihood of any particular type of damages.
3.3 Indemnification: Customer agrees to defend, indemnify, and hold harmless FTS, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorney™s fees) by, or on behalf of, Customer or any third party or user of Customer’s Service, relating to this Agreement, the Services, including 911 dialing, or the Device. This paragraph shall survive termination of this Agreement.
3.4 No Warranties on Service: FTS makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability or fitness of the Service or the Device for a particular purpose. FTS does not warrant that the Service will be without Service failure, delay, interruption, error, and degradation of voice quality or loss of content, data or information. Neither FTS nor its officers, directors, employees, affiliates or agents or any other service provider or vendor who furnishes services or products to Customer in connection with this Agreement or the Service will be liable for unauthorized access to FTS’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 FTS’s or its service provider’s or vendors’ negligence. Statements and descriptions concerning the Service or Device, if any, by FTS or FTS’s agents or installers are informational and are not given as a warranty of any kind.
3.5 No Third Party Beneficiaries: 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.
3.6 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. FTS reserves the right to terminate or suspend affected Services, and/or remove Your or Users’ content from the Services, if FTS determines that such use or content does not conform with the requirements set forth in this Agreement or interferes with FTS’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. FTS’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 FTS 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.
3.7 Service change requests: Any and all changes requested by the User must be tested by the User within 24 hours after the requested change is made. Any discrepancy must be brought to the notice of FTS via the ticketing system or an email sent immediately to FTS. While FTS will do its best to follow the requests of the User, FTS will not be held responsible for changes that don’t work or to test the requested changes. FTS will not be held responsible for Typos, Erroneous information or changes that affect service. FTS will not compensate the User under any circumstances for changes that result in non working or malfunctioning service. A “User” means any person, whether authorized or unauthorized, using the Service and/or Device provided to you.
4. GOVERNING LAW / RESOLUTION OF DISPUTES
4.1 Mandatory Arbitration: Any dispute or claim between Customer and FTS arising out of or relating to the Service or Device 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 parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in arbitration. Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial.
4.2 Governing Law: The Agreement and the relationship between you and FTS shall be governed by the laws of the State of Florida (Seminole County) without regard to its conflict of law provisions. Customer and FTS agree to submit to the personal and exclusive jurisdiction of the courts located within Seminole County, Florida. The failure of FTS to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. 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 within Thirty Days (30) Days after such claim or cause of action arose or be forever barred. 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.
6. EARLY TERMINATION AND TERMINATION OF SERVICES.
Notwithstanding anything to the contrary herein, upon early termination of Services by Customer for any reason, Customer shall, at FTS’s discretion promptly pay FTS an early termination fee equal to the amount of:
(i) $1000 for early termination of Business Phone Service.
(ii) Plus $100 for every Extension / Phone / ATA / Endpoint.
(iii) Plus 100% of the usage charges for TFN 800 number charges, 900 number charges, Vfax overage, 411 calls and International calling billed up to the date of termination of service.
The foregoing in Section 6.1, 6.2 and 6.3 shall be in addition to any other rights and remedies that FTS may have under this Agreement or at law or equity. FTS is not responsible for the quality and reliability of the internet service at the customer location and as such may not use it as an excuse for early termination. High quality Internet service is a requirement for FTS services to function. High quality Internet service requirements includes low latencey, Static IP addresses at every location, Business class Routers, POE switches and low jitter rates.
When service is terminated for ANY REASON including Termed service completion, Customer promptly shall cease all use of any software and Hardware provided by FTS hereunder, and shall return such software and Hardware including any servers or equipment to provide service at customers location to FTS at customers cost; and Customer shall return to FTS or permit FTS to remove, in FTS’s discretion, the FTS Equipment in the same condition as when received, ordinary wear and tear excepted. Equipment includes PBX Server, Voice mail servers, Call Recording Servers, Phones. ATA’s and or any network equipment and associated power supplies and cables or accessories provided by FTS. Customer shall be responsible for reimbursing FTS for the reasonable and documented costs of the repair or replacement, at FTS’s discretion, of any FTS Equipment not returned in accordance with this Section 6
If the customer has purchased phones then customer shall keep the purchased phones, however all other Phone and related equipment is the property of FTS and must be returned promptly. If the customer does not return the phone servers or has damaged the servers as described above then customer shall reimburse FTS for the full cost of server and related software and technology along with related software licensing costs.
If the customer closes their business due to retirement or permanent closure the customer will only be responsible to return all equipment to FTS immediately and will not be subject to early termination fees.
7. CHANGES; NOTICES
Except where expressly prohibited by law, the Customer agrees to accept notices to this agreement electronically, either by email or by web site posting. Notices to Customer of any changes to these “Terms of Service” shall be considered given by posting / updating to the “Terms of Service” section of the FTS VoIP Services Web Site. Notice will be considered received by Customer, and such changes will become binding on Customer, on the date posted to the FTS Web Site and no further notice by FTS is required.
8. ENTIRE AGREEMENT
This Agreement, the accompanying work order, any Terms of Services or other rules now or hereafter specified by FTS for the Service, public disclosures and/or any applicable tariff(s) on file with the applicable state utility commission or FCC shall constitute the entire agreement between FTS and Customer with respect to the subject matter hereof, and supersedes all previous written agreements between FTS and Customer with respect to the services provided hereunder. Acceptance of the Service shall constitute acceptance of the terms and conditions herein.
LOSS OF DATA and CALL RECORDS
Under no circumstances will FTS be responsible for stored Call Records, Vfax, Call Recordings, Voice Mail or Voice Mail to email records and data regardless of where that data is stored. Customer is fully responsible for all data regarding Call Records, Vfax, Call Recordings, Voice Mails and Voice Mail to email transmitted to the customer.
Return Equipment in Original condition: We must receive your equipment or IP phone in its original condition in the original manufacture’s packaging along with all accessories that came with the device like power supplies and cables no later than 14 days after you cancel your service.
Before returning your equipment to us, you need to obtain a valid return authorization number from our customer service department which you can reach at (407) 331-8622 or by emailing us at email@example.com
You pay all costs of shipping your Equipment / adapter or IP phones back to us.