Terms and Conditions
1. Access. NetServ has the right, but not the duty, to terminate or suspend Your access to the Website, without notice, for any conduct that NetServ, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider or NetServ. NetServ makes no representation that the information contained in the Website is appropriate or available for use throughout the world. It is forbidden to access the Website from territories where the legislation provides that the content or use of the Website is illegal. You choose to use the Website, and it is Your responsibility to ensure that You conform to all applicable local laws.
2. Copyright. NetServ, its suppliers or the original creator of the material own all copyrights to material on the Website and all other intellectual property rights related to the Website. To the extent that NetServ has the right to do so without compensation to third parties, and except for material specifically provided under other terms, NetServ does not grant You permission to copy any materials on the Website for Your commercial use. You agree that any copies of material shall retain all copyright and other proprietary notices in the same form and manner as the original. You may not, without NetServ’s permission, “mirror” any material contained on the Website or any other server. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark, patent, copyright, mask work protection right or any other intellectual property right of NetServ or any third party.
3. Trademarks. NetServ and the NetServ logo are trademarks or service marks, registered or not, of NetServ. Nothing in the Website may be interpreted so as to grant to You, directly or indirectly, the use of a trademark or service mark reproduced on the Website, whether belonging to NetServ or third party suppliers, without the written permission of NetServ. All other trademarks are the property of their respective owners.
4. Communications and Information Provided to NetServ.
4.2. Information provided by you via the Website, including written or oral communications or other electronic means, may be recorded for quality assurance, diagnostic and training purposes. By submitting information using the Website, you consent to such recordation and usage as described in Section 4.1, above.
5. Links. THE LINKS ON THE WEBSITE MAY LET YOU LEAVE NETSERV’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF NETSERV AND NETSERV IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. NETSERV IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. NETSERV IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY NETSERV OF THE SITE.
6. Product Availability. The availability of the NetServ products described on the Website, and the product descriptions, may vary from state to state. You should consult NetServ for availability of specific products and services in Your area.
7. Equipment Return and Early Termination Fees. You shall take possession of the NetServ products and/or equipment on the commencement date. Except as otherwise provided herein, at the expiration or on the earlier termination of your agreement with NetServ, You shall surrender the NetServ products and/or equipment to NetServ by transferring possession of the NetServ products and/or equipment to NetServ or its agent in good condition and working order, ordinary wear and tear, as such existed at the commencement date of Your agreement with NetServ. Upon expiration or on the earlier termination of your agreement with NetServ, You shall be responsible for shipping all products and/or equipment (with appropriate insurance) directly to NetServ at your sole cost and expense. If You fail to ship the products and/or equipment to NetServ within 15 days upon expiration or earlier termination of the agreement, NetServ may dispatch a technician to retrieve the products and/or equipment and You shall be responsible for payment to NetServ for the cost of the technician’s services. If Your agreement with NetServ is terminated by You prior to expiration of the agreement term, You shall remain responsible for all payments for the remainder of the agreement term which shall be immediately due and payable upon Your termination of the agreement.
9. Export of Information. The United States Export Controls laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded or otherwise exported in violation of United States law or any other local law from where You may be accessing the Website. You agree to comply with all United States and foreign Federal, State and local laws and regulations applicable to the use of the Website.
10. Limitation of Liability. NETSERV, ITS RELATED COMPANIES, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS MAY NOT, UNDER ANY CIRCUMSTANCES BE HELD LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF (OR THE INABILITY TO USE) THE WEBSITE OR ANY MATERIAL ON THE WEBSITE. THIS INCLUDES, BUT IS NOT LIMITED TO, THE LOSS OF DATA OR LOSS OF PROFIT, EVEN IF NETSERV WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ALL OR PART OF THIS LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE FOR ANY REASON, THEN NETSERV’S MAXIMUM AGGREGATE LIABILITY UNDER SUCH CIRCUMSTANCES FOR LIABILITY THAT WOULD OTHERWISE HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
11. Assignment. The TOU may not be assigned or transferred by You without the prior written consent of NetServ. NetServ may assign the TOU to any affiliate or third party in part or in whole.
12.1. Any controversy or claim arising out of or in connection with the TOU, its enforcement or interpretation, will be finally resolved solely in accordance with the terms of this Section 10. THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL FOR ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, THIS AGREEMENT AND/OR THE USE OF THE WEBSITE.
12.2. Any claim, dispute or controversy (collectively a “Claim”) arising out of or relating to the TOU, including without limitation the formation, interpretation, breach or termination hereof, or any issue regarding whether a Claim is subject to arbitration hereunder, that cannot be settled by good faith negotiation between the parties within a reasonable period of time, will be conclusively determined by the courts of the State of California, Orange County. In addition and notwithstanding the foregoing, NetServ shall be entitled to take any necessary legal action, including without limitation seeking immediate injunctive relief from a court of competent jurisdiction, in order to protect NetServ’s intellectual property and its confidential or proprietary information (including but not limited to trade secrets).
12.3. Actions on Claims between the parties with respect to the TOU must be brought in accordance with this Section 10 within 60 days after the cause of action arises.
12.4. Governing Law. The TOU are governed by California law, excluding choice of law principles and the United Nations Convention on Contracts for the International Sale of Goods. If any provision of the TOU is determined to be unenforceable or invalid, the TOU will not be rendered unenforceable or invalid as a whole, and the provision will be changed and interpreted so as to best accomplish the objectives of the original provision within the limits of applicable law. The failure to assert any rights under the TOU, including, but not limited to, the right to terminate in the event of breach or default, will not be deemed to constitute a waiver of the right to enforce each and every provision of the TOU in accordance with their terms.
13. Access to Password Protected/Secure Areas. Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.
14. INTELLECTUAL PROPERTY
14.1. For the purpose of this section, the term “NetServ Intellectual Property” shall include but is not limited to any and all tangible and intangible: (i) rights associated with works of authorship throughout the world, including but not limited to copyrights, neighboring rights, moral rights, and mask works, and all derivative works thereof, (ii) trademark and trade name rights and similar rights, (iii) trade secret rights, (iv) patents, designs, algorithms and other industrial property rights, (v) all other intellectual and industrial property rights (of every kind and nature throughout the world and however designated) whether arising by operation of law, contract, license, or otherwise, and (vi) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues thereof now or hereafter in force (including any rights in any of the foregoing), including software or programming delivered hereunder. Any software distributed by NetServ which is licensed under the GNU General Public License (GPL) is specifically excluded from this definition.
14.2. All NetServ Intellectual Property is solely for use as provided by NetServ, and may not be used as a replication master or otherwise copied without the written consent of NetServ. NetServ Intellectual Property furnished by NetServ are the proprietary property of NetServ, and no right or interest is granted, except as described in the individual Terms of Service and License Agreement for customers.
15. Security. As security for the full and timely payment and performance of the obligations of You to NetServ, including the return of NetServ’s products and/or equipment, as described hereinbelow (such obligations, collectively and severally, the “Obligations”), You hereby consent and agree that NetServ may record a UCC-1 Financing Statement which pledges and grants to NetServ a security interest (“Security Interest”) in and to (a) all of Your right, title and interest in and to contracts to which You are a party, and all other contracts relating to Your assets, business and operations, (b) all of Your intellectual property and rights therein and thereto, (c) all of Your other assets, and all assets used and useful in Your business and operations, and (d) all other sources of revenue and assets which may exist, including but not limited to accounts receivable (collectively and severally, the “Collateral”).
16.1. WHILE NETSERV ATTEMPTS TO PROVIDE ACCURATE INFORMATION ON THE WEBSITE, IT ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION. NETSERV MAY CHANGE THE INFORMATION ON THE WEBSITE, OR THE PRODUCTS MENTIONED, AT ANY TIME WITHOUT NOTICE. MATERIAL ON THE WEBSITE AND THE WEBSITE ITSELF IS PROVIDED “AS IS” AND NETSERV DOES NOT PROVIDE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NETSERV SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE OR ANY CONTENT OR MATERIAL ON THE WEBSITE.
16.2. NETSERV MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
16.3. ANY MATERIAL OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR SOFTWARE.
TERMS AND CONDITIONS SUPPORT SERVICES
THESE “TERMS AND CONDITIONS” ARE THE TERMS AND CONDITIONS UNDER WHICH YOU MAY ACCEPT SUPPORT SERVICES FROM NETSERV, A COMPANY OF INTEGRATED SERVICE SOLUTIONS INC.,
BY PROCEEDING TO USE THE SUPPORT SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THESE TERMS AND CONDITIONS AND ARE AGREEING TO BE BOUND BY THEM WITHOUT MODIFICATION AND UNDERSTAND THAT THESE TERMS AND CONDITIONS SHALL CONSTITUTE A BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND NetServ . IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS WITHOUT MODIFICATION, PLEASE DO NOT PROCEED.
SERVICE DESCRIPTION AND SCOPE OF SUPPORT
NetServ, technical support services for businesses are intended to address software and computer related issues including: (a) evaluation of and attempts to correct software, operating systems and networking issues; (b) configuration troubleshooting; (c) virus/spyware troubleshooting; and (d) troubleshooting of software and peripherals support for network, video, memory, hard drives, CD/DVD reader/writers, printers, scanners and networking equipment. (e) VoIP and Internet related issues.
NetServ technicians may use electronic and software tools they deem necessary to repair your computer, router, server, VoIP such as remote services to access your computer. NetServ Support may install software on your computer that allows you to connect to the support technician and may also be used to obtain additional technology services. For software installations, NetServ t technicians may accept End User License Agreements on your behalf.
NetServ technical support services are for problem-specific troubleshooting and problem resolution and do not support all software, hardware or Internet-related products, applications or features and reserves the right to defer support issues to your equipment , software vendor, internet provider or VoIP provider.
Use of NetServ technical services does not constitute a license to use the software, applications or equipment being supported, or an upgrade thereto. You are responsible for obtaining any necessary licenses to use your software and applications (irrespective of whether a support technician accepts an End-User License Agreement on your behalf).
A NetServ technician must receive full access to the product(s) to be serviced. NetServ may refrain from providing any services on the basis that the minimum system requirements are not met or the technical needs or other requirements are unusual or extensive as reasonably determined by NetServ. In some cases, NetServ technicians may not be able to diagnose or resolve a problem because of complications relating to your computer or its configuration. NetServ reserves the right to refuse to troubleshoot software not on its list of supported products. All NetServ services are offered as “best efforts” services and without warranty except as specifically set forth in this Agreement. You understand and agree that technical problems may be the result of software or hardware errors not yet resolved by the product manufacturer, and that NetServ technicians may not have the ability to obtain the information necessary to resolve a specific technical problem.
NETSERV TECHNICIANS OR WEBSITE MAY DIRECT YOU TO THIRD-PARTY SOFTWARE OR HARDWARE VENDORS, WEBSITES, OR OTHER RESOURCES OF POTENTIAL INTEREST. NETSERV DOES NOT ENDORSE OR CONTROL SUCH THIRD PARTY RESOURCES AND CANNOT VERIFY THE ACCURACY AND QUALITY OF THE INFORMATION AND PRODUCTS PROVIDED BY SUCH THIRD PARTIES. NETSERV MAKES NO REPRESENTATION OR WARRANTIES CONCERNING SUCH THIRD PARTY WEBSITES OR RESOURCES AND IS NOT RESPONSIBLE FOR THE CONTENT OR OPERATION OF SUCH THIRD PARTY WEBSITES OR RESOURCES AND SHALL HAVE NO LIABILITY IN CONNECTION WITH THEM.
In order to receive NetServ technical support services, you must have:
(a) full access (including any required licenses) to the hardware and/or software that is related to the software or hardware problem; and
(b) completed a back-up of any data, software, information or other files stored on your computer disks and/or drives that may be impacted.
NETSERV IS NOT RESPONSIBLE FOR ANY LOSS, CORRUPTION OR ALTERATION OF DATA, SOFTWARE OR FILES THAT MAY RESULT FROM NETSERV TECHNICAL SERVICES OR THE ACTS OF NETSERV TECHNICIANS. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL RESTORATION AND RECONSTRUCTION OF LOST OR ALTERED FILES, DATA, OR PROGRAMS.
You are responsible for ensuring that any information or data disclosed to NetServ technicians is not confidential or proprietary to you or any third party.
You hereby grant NetServ and its support technicians permission to view, access and modify your computer, computer (including registry) settings and any related software or peripheral equipment, including all data, hardware and software components, in order to perform technical support services. You acknowledge and agree that you are the owner or authorized user or representative of any hardware or software or technology service about which you are contacting NetServ for technical services.
You agree to cooperate with and follow instructions provided by NetServ technicians and acknowledge that such cooperation by you is essential to NetServ delivery of technical support services to you.
TECHNICAL SUPPORT PURCHASE TERMS
NETSERV TECHNICAL SUPPORT SERVICES CAN BE PURCHASED EITHER: (A) FOR AN UNLIMITED NUMBER OF PROBLEMS FOR A TERM BEGINNING ON THE DATE YOU ORDER THE SUPPORT AND CONTINUING FOR THE DURATION OF THE PLAN YOU SELECTED (“TERM PLAN”); OR (B) ON A PER-PROBLEM BASIS (THE “PER-PROBLEM PLAN”). WITH RESPECT TO THE PER-PROBLEM PLAN, NETSERV TECHNICIANS, IN THEIR SOLE DISCRETION WILL DETERMINE WHAT CONSTITUTES A PROBLEM. NETSERV TECHNICIANS WILL ADDRESS A PROBLEM WHICH MAY INCLUDE, FOLLOW-UP TELEPHONE CALLS REGARDING THE PROBLEM THAT NETSERV, IN ITS SOLE DISCRETION, DEEMS REASONABLE AND NECESSARY IN ATTEMPTING TO RESOLVE THE PROBLEM. ONCE THE PROBLEM HAS BEEN RESOLVED BY NETSERV TECHNICIANS, ANY FURTHER CALLS OR REQUESTS FOR ASSISTANCE WILL BE CONSIDERED A NEW PROBLEM AND ADDITIONAL FEES WILL APPLY. UNLESS ANY TERM PLAN OR RENEWAL TERM PLAN (AS DEFINED BELOW) IS TERMINATED EARLIER IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, AFTER THE EXPIRATION OF ANY TERM PLAN OR RENEWAL TERM PLAN, YOU AGREE THAT YOUR SUBSCRIPTION TO ANNUAL SUPPORT SERVICES SHALL BE AUTOMATICALLY EXTENDED FOR ANOTHER CONSECUTIVE TWELVE-MONTH PERIODS (“RENEWAL TERM PLAN”). YOU HEREBY AUTHORIZE INTEGRATED SERVICE SOLUTIONS INC., NETSERV TO DIRECTLY CHARGE YOUR CREDIT OR DEBIT CARD FOR SUCH MONTHLY RENEWAL TERM PLAN(S) AT THEN PUBLISHED MONTHLY RENEWAL RATES UNLESS YOU PROVIDE WRITTEN NOTICE TO NETSERV AT LEAST TEN (30) BUSINESS DAYS PRIOR TO THE EXPIRATION OF ANY THEN CURRENT TERM PLAN OR RENEWAL TERM PLAN THAT YOU ELECT NOT TO RENEW YOUR SUBSCRIPTION OR THEN CURRENT TERM PLAN OR RENEWAL TERM PLAN. YOU ALSO AGREE TO PROVIDE NETSERV WITH CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT AND WILL PROMPTLY NOTIFY NETSERV IF THERE IS ANY CHANGE IN YOUR BILLING ADDRESS AND, WHERE YOU HAVE PAID BY CREDIT CARD, YOU WILL PROMPTLY NOTIFY NETSERV IF THERE IS ANY CHANGE TO YOUR CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE OR IF YOUR CREDIT CARD HAS BEEN CANCELLED.
IF YOU PURCHASE NETSERV TECHNICAL SUPPORT SERVICES UNDER A TERM PLAN AND YOUR SERVICES ARE TERMINATED BY YOU (OR BY NETSERV IF YOU BREACH THIS AGREEMENT) BEFORE COMPLETING YOUR TERM, THEN, UPON TERMINATION OF YOUR SERVICES, YOU AGREE THAT YOU WILL NOT RECEIVE A REFUND FOR THE NUMBER OF MONTHS REMAINING IN YOUR TERM
A problem will be considered resolved when you receive one of the following: (a) information or advice that resolves the Problem; (b) information on how to obtain a software solution that will resolve the Problem; (c) notice that the Problem is caused by a known, unresolved issue or an incompatibility issue; (d) information that the Problem can be resolved by upgrading to a newer release of a product; (e) notice that the Problem has been identified as a hardware equipment issue; or if (f) you cannot, or elect not to, pursue the course of action we recommend.
Our advice to you may include steps that you will need to take before the Problem can be resolved, such as buying cables or cords, acquiring software, etc. and we will keep your service request open for 72 hours for future reference when you are ready to resume the process. If we do not hear back from you within 72 hours, we will consider the problem fixed and the service order completed.
REPRESENTATIONS AND WARRANTIES
(A) LIMITATION OF LIABILITY: TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT NETSERV AGGREGATE TOTAL LIABILITY TO YOU FOR DAMAGES RELATED TO YOUR USE OR NETSERV PROVISION OF ITS TECHNICAL SUPPORT SERVICES IS LIMITED TO THE TOTAL AMOUNT OF MONEY THAT YOU PAY FOR SUCH SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING GROSS NEGLIGENCE, WILL INTEGRATED SERVICE SOLUTIONS INC., NETSERV, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, ADVISORS, LICENSORS, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER MONEY DAMAGES THAT RELATE TO OR ARISE OUT OF YOUR USE OF THE SUPPORT SERVICES OR THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF OR DAMAGE TO DATA, DELETION OF FILES OR ELECTRONIC MAIL, ERRORS, DEFECTS, VIRUSES, OR OTHER DAMAGING CODE, PERMANENT OR TEMPORARY LOSS OF USE OF EQUIPMENT OR FACILITIES, INTERRUPTION OF BUSINESS, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT NETSERV TECHNICIANS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION.
(B) DISCLAIMER OF WARRANTIES: NETSERV CANNOT GUARANTEE THAT THE PROVISION OF TECHNICAL SUPPORT SERVICES WILL RESOLVE YOUR ISSUES OR PROBLEMS. NETSERV WARRANTS THAT IT WILL MAKE REASONABLE EFFORTS TO PERFORM TECHNICAL SUPPORT SERVICES IN A PROFESSIONAL MANNER. TO THE EXTENT PERMITTED BY LAW, NETSERV EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND ARISING FROM OR RELATING TO NETSERV SUPPORT SERVICES, THESE TERMS AND CONDITIONS, ANY RECOMMENDATION OF NETSERV TECHNICIANS, OR ANY PRODUCT, SERVICE, INFORMATION OR OTHER MATERIAL OBTAINED, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NETSERV MAKES NO WARRANTY THAT (I) THE INFORMATION OBTAINED VIA REMOTE SUPPORT SERVICES WILL BE ACCURATE OR RELIABLE; OR (II) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE NETSERV WEBSITE WILL MEET YOUR EXPECTATIONS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM USING NETSERV SUPPORT SERVICES.
(C) EXCLUSIONS AND LIMITATIONS: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ANY EVENT, THE FOREGOING LIMITATIONS OF THE ABOVE PARAGRAPH SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY LAW.
These Terms and Conditions constitute the entire agreement between the parties concerning the subject matter discussed herein and supersede any and all previous oral or written representations, communications, understandings or agreements with respect to such subject matter. These Terms and Conditions shall inure to the benefit of NetServ and its respective successors and assigns. No Waiver of any portion of these Terms and Conditions shall be implied by any course of dealing between you and NetServ. These Terms and Conditions will be construed without regard to the party responsible for its preparation If any provision of these Terms and Conditions is held to be inconsistent with any law, rule or regulation, such provision shall be deemed rescinded or modified in accordance with such law, rule or regulation, and the remainder of these Terms and Conditions shall not be affected. The laws of the State of California (excluding the law thereof which requires the application of or reference to the law of any other jurisdiction), will govern these Terms and Conditions and any interpretation, construction, enforcement and disputes of any sort that might arise between you Integrated Service Solutions Inc., NetServ and/or its affiliates or contractors. Any action or proceeding brought to enforce any right, assert any claim, or obtain relief whatsoever in connection with or relating to these Terms and Conditions or your use of NetServ support services, shall be brought exclusively in the State Courts of the County of Orange, in the State of California , and you consent and submit to the jurisdiction of such courts. All provisions in these Terms and Conditions regarding disclaimers and limitations on liability shall survive any termination of these Terms and Conditions. The headings hereto are descriptive only and not to be used in interpreting the provisions of these Terms and Conditions.
Integrated Service Solutions Inc. Dba: NetServ
TERMS AND CONDITIONS OF VOICE SERVICES
These Terms of Service constitute the agreement ("Agreement") between Integrated Service Solutions Inc. Dba: NetServ. ("Carrier”, “we," "us" or "Integrated Service Solutions Inc. Dba: NetServ ") and the End User ("You", "Your" or "Customer") of Integrated Service Solutions Inc. Dba: NetServ's Business VoIP Services (“Service”, “Services”). Customer and Integrated Service Solutions Inc. Dba: NetServ may be collectively referred to herein as the "Parties”, and individually as “Party”. This Agreement governs the Service as well as use of Integrated Service Solutions Inc. Dba: NetServ supplied hardware, and any other IP-PSTN device used in conjunction with the Service. By signing the Integrated Service Solutions Inc. Dba: NetServ Services Quote to activate Integrated Service Solutions Inc. Dba: NetServ services, you acknowledge that you have read, understand, and agree to the Terms and Conditions of this Agreement, and are of legal age to enter into this Agreement.
1.1 START OF SERVICE, BILLING DATES, AND PRORATING - You agree to fulfill the Contract Term designated on the General Information Form of the Integrated Service Solutions Inc. Dba: NetServ Services Quote that you signed. You will be placed on a Billing Cycle for the selected Contract Term. For Standard Billing Cycles, Monthly Service Term begins on the first day of the month and ends on the last day of the month. Billing is processed during the first week of each month. For high volume customers, the Billing Date is determined by Integrated Service Solutions Inc. Dba: NetServ based on Contract Term/billing cycle with Integrated Service Solutions Inc. Dba: NetServ. The Account Activation Date is the date that your account is set up on Integrated Service Solutions Inc. Dba: NetServ. The Service Activation Date is the date that Services become usable by you. Invoices will be generated at the start of the billing cycle nearest to your Account Activation Date. The first invoice includes charges for prorated Monthly Recurring Charges (MRCs) as well as Non-Recurring Fees (NRCs), plus usage charges. Prorated charges are based on the number of days in the month in which Service was activated and are for each day of Service up to the first day of the next billing cycle. MRCs or other charges are billed to your account and processed during the first week of each month, or on another date as determined by your Contract Term and billing cycle arrangement with Integrated Service Solutions Inc. Dba: NetServ. All charges for Voice services and equipment will be processed using the payment account on file.
1.2 CONTRACT TERMS AND USE OF SERVICES – The Contract Term refers to the initial length of the Term (in months) of Service that you ordered from Integrated Service Solutions Inc. Dba: NetServ and appears on the General Information Form of the Integrated Service Solutions Inc. Dba: NetServ Services Quote. Integrated Service Solutions Inc. Dba: NetServ offers 12 (twelve), 24 (twenty-four), 36 (thirty-six), 48 (forty-eight), 60 (sixty), month Contract Terms. The Contract Terms renew automatically for a term of 12(Twelve) Months without action by either Party unless cancelled in writing by you at least thirty (30) but not more than ninety (90) days prior to the end of the Contract Term or any renewal Term. If you terminate Service prior to the end of your Contract Term, you will be responsible for the remaining Monthly Recurring Charges on all subscribed-to Services for each billable month left in your Contract Term, plus any applicable Cancellation/Disconnection Fees, a Cancellation Fee of $39.95 per SIP trunk, plus any other unbilled charges, all of which become immediately due and payable upon termination or cancellation of Service/Contract. Expiration or Termination of a Contract Term does not free you from paying any and all unpaid charges to Integrated Service Solutions Inc. Dba: NetServ. Any unused free months or minutes on special promotional offerings will not be credited to your account should you request an early cancellation of Services.
1.3 BUSINESS SERVICES – LIMITATIONS OF USE OF SERVICE(S) AND INTEGRATED ACCESS DEVICE or IADS(S); PROHIBITION OF RESALE - If you have subscribed to Integrated Service Solutions Inc. Dba: NetServ Services, the Services are provided to you as a normal business user. This means that you must not resell or transfer the Services to any other person/entity for any purpose, without express written permission from Integrated Service Solutions Inc. Dba: NetServ. You understand that subscribing to Integrated Service Solutions Inc. Dba: NetServ Services does not grant you the right to use the Services for high volume applications such as auto-dialing, continuous or extensive call forwarding, telemarketing, polling, charitable or political solicitation, fax broadcasting, or fax blasting unless prior approval was given to you by Integrated Service Solutions Inc. Dba: NetServ to use the Services in such a way. Integrated Service Solutions Inc. Dba: NetServ offers Unlimited and Metered Services, which may be used for a variety of high volume applications. If you have subscribed to Integrated Service Solutions Inc. Dba: NetServ VoIP Services such as hosted PBX, SIP Trunks, audio conferencing, IP fax, or other Services, you are permitted to use the Services at the agreed upon rates and/or applicable Monthly Recurring Charges as described in your original Services Quote. Integrated Service Solutions Inc. Dba: NetServ reserves the right to immediately modify and/or terminate the Services and/or Pricing, if Integrated Service Solutions Inc. Dba: NetServ determines that your use of the Services exceeds the stated Limitations of Use for the Services that you have subscribed to.
1.4 LAWFUL USE OF Integrated Service Solutions Inc. Dba: NetServ SERVICE(S) AND EQUIPMENT, PROHIBITED USES, UNAUTHORIZED USAGE - You agree to use the Service(s) only for lawful purposes. This means that you will not use them for transmitting or receiving any communication(s) or material(s) of any kind when in Integrated Service Solutions Inc. Dba: NetServ 's sole judgment the transmission, receipt, or possession of such communication(s) or material(s) (i) would constitute a criminal offense, create a civil liability, or violate any applicable local, state, national or international law or (ii) encourages conduct or activities that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. Integrated Service Solutions Inc. Dba: NetServ reserves the right to terminate your Service immediately and without advance notice if Integrated Service Solutions Inc. Dba: NetServ, in its sole discretion, believes you have violated any of the restrictions noted above. Upon termination, you are immediately responsible for the full month's charges plus any unbilled or past-due charges accrued up to the end of the current Term. You are liable for any and all use of the Service(s) and/or IAD(s) by yourself and by any person making use of the Service(s) or IAD(s) provided to you, and by accepting these Terms & Conditions, you agree to indemnify and hold harmless Integrated Service Solutions Inc. Dba: NetServ against any and all liability for any such use. If Integrated Service Solutions Inc. Dba: NetServ, in its sole discretion believes that you have violated the above restrictions, Integrated Service Solutions Inc. Dba: NetServ may forward the objectionable material, as well as your Integrated Service Solutions Inc. Dba: NetServ communication records and your personally identifiable information to the appropriate local, state, national, or international authorities for investigation and prosecution and you hereby consent to such forwarding.
If your IAD or a Integrated Service Solutions Inc. Dba: NetServ -issued IAD is stolen, or you become aware that your Integrated Service Solutions Inc. Dba: NetServ Services are being stolen or fraudulently used by a third party (either directly, or through your own IAD/PBX equipment as in the case of SIP Trunking customers), you must notify Integrated Service Solutions Inc. Dba: NetServ immediately by calling the Integrated Service Solutions Inc. Dba: NetServ Customer Support Line (Integrated Service Solutions Inc. Dba: NetServ (1-866-798-7378) or emailing [email protected] When you contact Integrated Service Solutions Inc. Dba: NetServ to report the problem, provide your Integrated Service Solutions Inc. Dba: NetServ account number and a description of the alleged theft or fraudulent use of Services. Until Integrated Service Solutions Inc. Dba: NetServ receives notification of the theft or fraudulent use, unauthorized traffic and usage charges will continue to accumulate and will be automatically charged to your Integrated Service Solutions Inc. Dba: NetServ account. You will be liable for all fraudulent use of the Services and/or device(s) stolen from you, and charges will be applied to your account. Notwithstanding anything to the contrary, Integrated Service Solutions Inc. Dba: NetServ will not issue credits for charges resulting from fraudulent use that arises out of third parties hacking into your equipment, the internet, or your Services. This hacking includes, but is not limited to, modem hijacking, network router and wireless hijacking or other fraud arising out a failure of your internal/corporate procedures. Fraudulent continental USA calls will be billed at the rate of $0.0340 per minute outbound and $0.0340 inbound. International Calls will be billed per the International Rates associated with your Integrated Service Solutions Inc. Dba: NetServ account. Failure to contact Integrated Service Solutions Inc. Dba: NetServ as described above may result in termination of your Services.
1.5 USE OF SERVICE(S), EQUIPMENT, AND IAD(S) BY CUSTOMERS OUTSIDE THE UNITED STATES - Integrated Service Solutions Inc. Dba: NetServ encourages you to use the Service(s) and provides live and/or email technical support for the Services within the United States. If you take the IAD to a foreign country and use the Service from there, you do so at your own risk, including the risk that such activity violates the local or national laws in the country where you choose to do so. You are liable for any use of the Service(s) and/or IAD(s) by yourself or any person making use of the Service(s) or IAD(s) provided to you and you agree to indemnify and hold harmless Integrated Service Solutions Inc. Dba: NetServ against any and all liability for such use. Should the removal from the United States or Canada of the IAD violate any export control law or regulation, you will be solely liable for such violation and agree to indemnify and hold harmless Integrated Service Solutions Inc. Dba: NetServ against any and all liability for such violation. Integrated Service Solutions Inc. Dba: NetServ reserves the right to terminate your Service immediately and without advance notice if it determines that you are using it outside the United States or Canada.
1.6 LOSS OF CARRIER SERVICE(S) DUE TO POWER FAILURE, ISP OR BROADBAND OUTAGE, OR ACCOUNT SUSPENSION - You acknowledge and understand that the Integrated Service Solutions Inc. Dba: NetServ Service does not function in the event of power failure. You also understand that the Service is delivered to you through a broadband Internet connection, which is not provided by or managed by Integrated Service Solutions Inc. Dba: NetServ. In the event of a power or service outage, or unavailability of service from your Internet service provider ("ISP"), Integrated Service Solutions Inc. Dba: NetServ Service will not function. The Service will not function again until power is restored or the ISP outage is cured. You may have to reset or reconfigure Integrated Service Solutions Inc. Dba: NetServ equipment or IADs prior to utilizing the Service again after a power failure or other ISP or broadband service interruption. During such outages, you will continue to be billed for the Service unless and until you or Integrated Service Solutions Inc. Dba: NetServ may terminate the Service in accordance with this Agreement. If your account was suspended by Integrated Service Solutions Inc. Dba: NetServ for non-payment, you must pay any outstanding invoices, plus a Re-connection Fee of $39.95 per SIP Trunk/Hosted Seat/Extension before Service is restored by Integrated Service Solutions Inc. Dba: NetServ.
1.7 COPYRIGHT, TRADEMARK, UNAUTHORIZED USAGE OF SOFTWARE, HARDWARE, OR IAD(S) - The Integrated Service Solutions Inc. Dba: NetServ Service(s) any Integrated Service Solutions Inc. Dba: NetServ issued hardware or software used to deliver the Service to you, plus all Services, information, documents and materials on Integrated Service Solutions Inc. Dba: NetServ’s website(s) are protected by trademark, copyright, or other intellectual property laws and/or international treaty provisions. All websites, corporate, service marks, trademarks, trade, logos and domains (collectively "marks") of Integrated Service Solutions Inc. Dba: NetServ are the exclusive property of Integrated Service Solutions Inc. Dba: NetServ and nothing in this Agreement grants you the right to use any such marks. You acknowledge that you are not given license to use the Integrated Service Solutions Inc. Dba: NetServ issued hardware or software, other than as a nontransferable, revocable license in object code form (without making any modification thereto) strictly in accordance with the terms of this Agreement. You agree that the IAD is exclusively for use in connection with the Service and that Integrated Service Solutions Inc. Dba: NetServ will not provide any passwords, codes, or other information that would enable you to use the IAD for any other purpose. Do not reverse compile, disassemble, engineer, or otherwise manipulate the hardware or software. If you use the Service through an IAD not provided by Integrated Service Solutions Inc. Dba: NetServ, you warrant and represent that you possess all required rights, including software and/or hardware licenses, to use the IAD with the Service and you will indemnify and hold harmless Integrated Service Solutions Inc. Dba: NetServ against any and all liabilities due to your use of such IAD with Integrated Service Solutions Inc. Dba: NetServ Service(s).
1.8 TAMPERING WITH SERVICE(S) OR Integrated Service Solutions Inc. Dba: NetServ ISSUED EQUIPMENT OR IAD(S) - If Integrated Service Solutions Inc. Dba: NetServ has issued you equipment or an IAD device; you may not change the electronic serial number or equipment identifier of the equipment or IAD, or perform factory reset of the IAD. Integrated Service Solutions Inc. Dba: NetServ reserves the right to terminate your Service(s) if you tamper with the equipment or IAD, leaving you responsible for the remaining charges to the end of the agreed-to service term, plus any unbilled charges, plus applicable Cancellation Fee(s) all of which become due and payable and will immediately be charged to your credit card or account. Further, you agree not to hack or disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.
1.9 RETURN OF EQUIPMENT, PHONES, IAD, AND DAMAGED PACKAGES - If you wish to return any hardware, you must first call the Integrated Service Solutions Inc. Dba: NetServ Customer Care Line to obtain a Return Shipment Authorization Code, which must be displayed on the return package. Returned hardware must be received in the original and complete condition and packaging that it was originally sent in, meaning that all parts, accessories, documentation and materials are included with the return package. Upon receipt and inspection of the return package, Integrated Service Solutions Inc. Dba: NetServ will issue a credit for the original purchase amount of the equipment to your account or credit card. You are responsible for all cost and risks associated with the return shipment of the hardware. In the event that a Integrated Service Solutions Inc. Dba: NetServ package arrives to you in a visibly damaged condition, you must note the damage on the freight bill and retain a copy for your records. In such event, you must keep the original carton, all packing materials and parts intact in the same condition in which they were received from the carrier and contact Integrated Service Solutions Inc. Dba: NetServ ' Customer Care Department immediately. To obtain a return authorization number, you must contact [email protected] or Integrated Service Solutions Inc. Dba: NetServ at 1-866-798-7378.
1.10 NUMBER RELEASE ON SERVICE TERMINATION - Upon termination of Service, Integrated Service Solutions Inc. Dba: NetServ may release a telephone number(s) that you ported to Integrated Service Solutions Inc. Dba: NetServ from a previous service provider and used in connection with the Service. At your request, the number may be released to your new service provider, provided that your Integrated Service Solutions Inc. Dba: NetServ account is current including payment for any and all outstanding charges (including any outstanding Monthly Recurring Charges that remain on your Contract Term) and any applicable Cancellation Fees. To request a Number Release, you must submit a LOA (Letter of Agency) to your new telephone/telephony service provider. Upon satisfaction of the above stated requirements for Number Release, Integrated Service Solutions Inc. Dba: NetServ will release your number to your new service provider.
1.11 TELEPHONE & ENHANCED TELEPHONY SERVICE DISTINCTIONS - You understand that the Service is not a traditional telephone service, but an Enhanced Telephony Service. Distinctions exist between traditional telephone service and the Enhanced Telephony Service provided by Integrated Service Solutions Inc. Dba: NetServ . The Service is subject to different regulatory treatment than telephone service. This treatment may affect your rights of redress before Federal, State or Provincial telecommunications regulatory agencies.
1.12 OWNERSHIP AND RISK OF LOSS - You are the owner of the Service/Equipment/IAD and bear all risk of loss of, theft, or damage to the Service/Equipment/IAD, from the time it is shipped to you and/or activated by Integrated Service Solutions Inc. Dba: NetServ until the time it is cancelled by you.
1.13 411 SERVICES - Integrated Service Solutions Inc. Dba: NetServ supports 411 Standard and Enhanced 411 Information Services. All 411 calls are billed at $2.50 per call. 1.14 NO 0+ CALLING/NO TRADITIONAL FAX SERVICE - Integrated Service Solutions Inc. Dba: NetServ Service does not support 0+ calling (collect, third party billing, or calling card calls). Integrated Service Solutions Inc. Dba: NetServ does not support Traditional Fax Service at this time. Integrated Service Solutions Inc. Dba: NetServ instead offers Integrated Service Solutions Inc. Dba: NetServ IP FAX – an Internet faxing solution.
1.15 LNP (PORTING) - You may request that phone numbers be ported to the Integrated Service Solutions Inc. Dba: NetServ by submitting a completed LOA (Letter of Agency) and a current bill copy (less than thirty days old) from your current service provider. No port shall be accepted or submitted without this information. Pricing for porting DIDs to Integrated Service Solutions Inc. Dba: NetServ is $7.00 Per Number. Standard porting time is ten (10) to forty-five (45) days. You should specify the desired port date in the appropriate section of the LOA. Integrated Service Solutions Inc. Dba: NetServ will attempt to honor this date and will let you know the actual port date. Once the LOA and bill copy are received by Integrated Service Solutions Inc. Dba: NetServ shall initiate the port request and shall obtain a FOC (Firm Order Commitment) date. You will be provided with a FOC (Firm Order Commitment) date informing you when numbers are scheduled to be ported to Integrated Service Solutions Inc. Dba: NetServ. The fees for cancelling or changing a port of a DID to Integrated Service Solutions Inc. Dba: NetServ are determined by how soon before or after the FOC date a port is cancelled. Fees for cancelling a port are as follows:
• Port Cancellation per TN $10.00 - For requests made up to 48 Hours of Scheduled FOC Date.
• Port Cancellation per TN $30.00 - For requests made within 48 Hours of a Scheduled FOC Date.
• Port Cancellation per TN $75.00 – For requests made within 24 Hours of a Scheduled FOC Date.
Cancellations are carrier dependent and are not guaranteed within 24 Hours.
• Snapback Fee $500.00 - If the losing carrier requests a "Snapback" for an unauthorized port request.
• LNP Order Change Fee per TN $5.00 - For order changes and updates after order submissions.
• Port Out Fee per TN $5.00 - For any US DID ported away within 12 months of activation.
• Port Out Fee per TN $10.00 - For any Canada, Hawaii, Alaska and Puerto Rico DID ported away within 12 months.
• Canada LNP rejection fees are $100.00 per order. Canada expedite fees are $200.00 per order.
Integrated Service Solutions Inc. Dba: NetServ shall assign the appropriate cancellation fees (as displayed above) to your voice services account for any port cancellation that you request.
Payment for cancellation fees occurring within a given month shall be payable within ten (10) days of your receipt of the invoice displaying the port cancellation fee(s).
2. EMERGENCY CALLING SERVICES- 911 DIALING 2.1 AVAILABILITY OF 911/EMERGENCY DIALING SERVICES In compliance with the Federal Communications Commission (FCC) WC Docket No. 05-196, Integrated Service Solutions Inc. Dba: NetServ , Inc. hereby advises all current retail Integrated Service Solutions Inc. Dba: NetServ customers that enhanced E911/911 calling services are available at this time, but may not be available in all service areas and may/or may not function the same as traditional 911 Services.
2.2 911 SERVICEABLE AREAS - Presently, Integrated Service Solutions Inc. Dba: NetServ offers E911/911 Services via underlying third party providers. 911 Services are available only within the Continental United States and Canada. Integrated Service Solutions Inc. Dba: NetServ routes 911 calls originating in the United States via 10-digit routing to PSAPs (Public Safety Answering Points) as well as via Selective Routers (where available). Selective Routers automatically recognize where a call is originating from based on the CLID (Caller ID) information and deliver the call to the most appropriate local PSAP. Presently, most 911 calls are routed via Selective Routers to the 911 Trunks of the PSAPS (where available). Services are not available in countries other than the Continental U.S. and Canada.
2.3 REGISTERED LOCATION AND E911/User Management Portal and 911 UPDATES - Integrated Service Solutions Inc. Dba: NetServ must have a 911 Registered Location Address on file for your phone number(s) in order to provide test or activate VoIP Services and/or 911 Emergency Calling Services to you. At the time your account is provisioned, Integrated Service Solutions Inc. Dba: NetServ will register one (1) phone number in the 911 databases for you. The Registered Location for your account is obtained from the Registered Location information that you provided on the E911 Services tab of the Services Quote Packet that you completed and supplied to Integrated Service Solutions Inc. Dba: NetServ for provisioning of test or actual Services. The Registered Location Information is then tied to the E911 CID field (911 Caller ID) display of your registered phone number. Please note that no 911 services are available for toll free phone numbers. You will be informed which of your phone number is registered and enabled for 911 Services in the Integrated Service Solutions Inc. Dba: NetServ E911 database.
IMPORTANT: You understand that E911 Calls are routed to PSAPS based on the E911 CLID field associated with your phone number. If you change the number that you use for 911 calling, your 911 Services may not be available to you and/or may operate differently than normal. If you change the phone number that you use for 911 calling, you must register the new E911 CLID number and its associated address with Integrated Service Solutions Inc. Dba: NetServ in order to enable 911 capabilities for the number. Failure to do so may result in 911 services not being available to you when using an unregistered phone number. If the 911 call does not complete, it will be automatically routed to a National Emergency Call Center and you will be asked to verify your number and provide your physical location to the operator. There is a $150.00 charge for each 911 call placed from an unregistered phone number on the Integrated Service Solutions Inc. Dba: NetServ network. To register additional numbers or to manage your 911 Registered Location, please contact Integrated Service Solutions Inc. Dba: NetServ at Integrated Service Solutions Inc. Dba: NetServ 1-866-798-7378 or email [email protected] NOTE: If the information that you supply for your Registered Location is incorrect or incomplete, Services may not be available to you. For help with problems updating your E911/911 Registered Location Information please contact Integrated Service Solutions Inc. Dba: NetServ at Integrated Service Solutions Inc. Dba: NetServ 1-866-798-7378 or [email protected] You may also use the following methods to update your E911 CID and Registered Location information:
Contact Integrated Service Solutions Inc. Dba: NetServ Customer Service at Integrated Service Solutions Inc. Dba: NetServ 1-866-798-7378 during normal business hours (MONDAY-FRIDAY 8:00am TO 6:00pm PST).
Email [email protected] during normal business hours. NOTE: CONTACTING Integrated Service Solutions Inc. Dba: NetServ BY PHONE OR EMAIL MAY RESULT IN A DELAY OF UP TO 72 HOURS OF YOUR E911 UPDATE INFORMATION. 2.4 ROUTING OF E911/911 CALLS - E911/911Calls are routed based on the E911CID field for your User within the Integrated Service Solutions Inc. Dba: NetServ User Management Portal (pbx.netservcloud.com). If you have subscribed to a standard Integrated Service Solutions Inc. Dba: NetServ Service Plan or IP Trunk Plan with a phone number, the main phone number on your Integrated Service Solutions Inc. Dba: NetServ account will automatically be registered in the E911/911 database prior to release to you (unless you specify otherwise and/or request additional numbers to be registered). If you change the number that you use for 911 Calling purposes and fail to register the number for 911 via the User Management Portal, your phone number(s) will not be recognized when placing an E911/911 call, resulting in the call failing or being sent to a National Emergency Call Center Operator, who will require you to supply your current address information. Calls from all non-registered numbers will result in a charge of $120.00 per call.
2.5 PSAP LIMITATIONS AND THE HANDLING OF E911/911 CALLS - Presently, Integrated Service Solutions Inc. Dba: NetServ routes E911/911 calls from Registered DIDs to Emergency Services Operators at the various PSAPs (Public Safety Answering Points). You understand that occasionally there may be instances where the limitations of the PSAPs determine the level of E911/911 services that you receive. For instance, E911/911 PSAP operators may or may not be able to access the ALI Database in order to automatically retrieve information pertaining to a registered DID, such as caller and address, and so in such instances, you may be required to verbally provide this information to the PSAP operator at the time the call is placed. For this reason, Integrated Service Solutions Inc. Dba: NetServ can make no guarantees about the consistency of the E911/911 services, with regard to PSAP operators being able to automatically retrieve and view caller information.
2.6 INSTANCES WHERE E911/911 SERVICES MAY NOT BE AVAILABLE - You understand that while the Integrated Service Solutions Inc. Dba: NetServ-provided VoIP service closely approximates traditional 911 services, there may be instances in which the E911/911 Services may function differently from traditional 911 services, or may not be available. Additionally, there may be circumstances in which the E911/911 Services may be delayed or may not be available to you. Such circumstances may include, but are in no way limited to the following:
- Electrical Power Outage and/or Broadband Internet Service Provider (ISP) outage or unavailability;
- Suspension or Termination of Customer’s account(s) or VoIP service(s);
- Relocation of Customer’s VoIP, Equipment and IAD(s) to an address other than the one given at activation, without updating the E911 Registered Address Location with Integrated Service Solutions Inc. Dba: NetServ ;
- Unsuitable broadband internet connection such as satellite internet; Malfunction, Failure, and/or Improper Configuration of Subscribers’ VoIP IAD(s) and/or using an unapproved or unsupported VoIP or IAD(s);
- Deficits or limitations of the PSAP, National Emergency Call Center, Emergency Services Operators or Personnel systems and/or equipment;
- Unforeseen congestion on the Integrated Service Solutions Inc. Dba: NetServ VoIP network or network design factors which delay or prohibit Services;
- Incorrect Customer-supplied Registered Location Information;
- Customer or User tampering with the VoIP IAD(s), producing changes which prohibit utilization of the E911/911 services;
- E911 location updates to the Integrated Service Solutions Inc. Dba: NetServ database will generally be available within Seventy-Two(72) hours or less. However, Integrated Service Solutions Inc. Dba: NetServ cannot guarantee that this will always be the case, especially if the E911/911 Registered Location Address update provided by customer is lacking and/or incongruent with the parameters of the Integrated Service Solutions Inc. Dba: NetServ customer portal/database and subsequently produces a rejection of the Registered Location Address update;
- Any other unspecified circumstances which affect the use of the E911/911 services.
2.7 ALTERNATIVE 911 OR EMERGENCY DIALING ARRANGEMENTS - You acknowledge that Integrated Service Solutions Inc. Dba: NetServ does not offer alternate primary line or lifeline services. It is STRONGLY recommended that you always have an alternative means of accessing traditional 911 or Emergency Dialing Services.
3. ACCEPTANCE OF ELECTRONIC SIGNATURES & COMMUNICATION OF OFFICIAL BUSINESS - When you visit Integrated Service Solutions Inc. Dba: NetServ’s websites or portals, send email or fax, or engage in IM (Instant Messenger) conversations, you are communicating with Integrated Service Solutions Inc. Dba: NetServ electronically and understand that all such communication between you and Integrated Service Solutions Inc. Dba: NetServ shall constitute official communication which is legally binding. You also consent to receive communications from us electronically and/or by traditional mail. You understand that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. By accepting Integrated Service Solutions Inc. dba:NetServ Voice Services Quote, you acknowledge that you have read and agree to the terms & conditions contained herein.
4. CHANGES TO THIS AGREEMENT
4.1 CHANGES OF THE TERMS AND CONDITIONS AGREEMENT AND CHANGES TO PRICING - Integrated Service Solutions Inc. Dba: NetServ may change the Terms and Conditions of this Agreement and/or Pricing at any time. Changes to the Agreement or Pricing will be considered effective as of the date that notice of such change is conveyed to you via email or other means. Changes are binding from the date sent from Integrated Service Solutions Inc. Dba: NetServ to you without further notice by Integrated Service Solutions Inc. Dba: NetServ.
5. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION 5.1 BILLING - You must provide Integrated Service Solutions Inc. Dba: NetServ with a valid credit card number (Visa, MasterCard, Discover, American Express) or Bank Account number at the time the Service is activated. Any other payment method must be approved by Integrated Service Solutions Inc. Dba: NetServ. Integrated Service Solutions Inc. Dba: NetServ reserves the right to stop accepting credit card payments at any time. If the credit card or Bank account on file for you expires, a credit card or bank account is closed, billing address changes, or the card or account is cancelled and replaced due to loss or theft, you must immediately advise Integrated Service Solutions Inc. Dba: NetServ. All Monthly Recurring Charges, applicable taxes and surcharges, are billed monthly in advance (except for overage charges, which are billed monthly in arrears) to your credit card, along with Activation Fees, Monthly, International Usage Charges, Advanced Feature Charges, Equipment Purchases, Cancellation Fees and Shipping & Handling Charges. Integrated Service Solutions Inc. Dba: NetServ retains the right to change Pricing Plans and/or bill at more frequent intervals if the Usage Amount (not including the Monthly Recurring Charge) due to Integrated Service Solutions Inc. Dba: NetServ at any time exceeds $100.00. Any usage charges will be billed in increments that are rounded up to the nearest minute except as otherwise set forth in the rate schedules found on Integrated Service Solutions Inc. Dba: NetServ website.
5.2 BILLING DISPUTES - If you dispute any Integrated Service Solutions Inc. Dba: NetServ charges appearing on your statement, you must make Integrated Service Solutions Inc. Dba: NetServ aware of the dispute in writing (email or otherwise) with fourteen (14) days after receiving your Integrated Service Solutions Inc. Dba:NetServ, bank or credit card statement. If charges are not disputed with fourteen (14) days, Integrated Service Solutions Inc. Dba: NetServ assumes that the charges are acceptable to you and valid. Billing disputes should be notified to: Customer Care Billing Department, Integrated Service Solutions Inc. Dba: NetServ, 16560 Harbor Blvd, Suite A, Fountain Valley, CA 92708 or email [email protected]
5.3 PAYMENT - Integrated Service Solutions Inc. Dba: NetServ accepts payments by credit card, ACH, or bank wire transfer. Your use of the Service authorizes Integrated Service Solutions Inc. Dba: NetServ to charge the bank account or credit card number on file with Integrated Service Solutions Inc. Dba: NetServ, including any changed information given Integrated Service Solutions Inc. Dba: NetServ if the current card expires or is replaced, or if you substitute a different card, for Integrated Service Solutions Inc. Dba: NetServ charges. This authorization will remain valid until 60 days after Integrated Service Solutions Inc. Dba: NetServ receives your written notice terminating Integrated Service Solutions Inc. Dba: NetServ’s authority to charge your credit card, whereupon Integrated Service Solutions Inc. Dba: NetServ will charge you the disconnect fee and any other outstanding charges and terminate the Service. Integrated Service Solutions Inc. Dba: NetServ may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with Integrated Service Solutions Inc. Dba: NetServ is declined or reversed, your credit card expires and you have not provided Integrated Service Solutions Inc. Dba: NetServ with a valid replacement credit card, or in case of any other non-payment of account charges. There is a $30.00 charge for ACH, credit card payment returned for NSF (non-sufficient funds). Termination of Service for declined or expired card, ACH returned for NSF, reversed charges, or non-payment leaves you FULLY LIABLE to Integrated Service Solutions Inc. Dba: NetServ for ALL CHARGES ACCRUED BEFORE TERMINATION as well as any other fees pertaining to remaining contractual obligations and for all costs incurred by Integrated Service Solutions Inc. Dba: NetServ in collecting such amounts, such as (but not limited to) collection costs and attorney's fees.
5.4 PREPAID SERVICES – Integrated Service Solutions Inc. Dba:NetServ may require some accounts to be prepaid. Service types subject to prepayment include, but may not be limited to: Calling Card, Call Center, IVR, or any other application as determined by Integrated Service Solutions Inc. Dba: NetServ . Prepayment is normally based one (1) month’s estimated usage, plus a setup fee.
5.5 TERMINATION/DISCONTINUATION OF SERVICE - Integrated Service Solutions Inc. Dba:NetServ reserves the right to suspend or discontinue the Service, or to terminate your Service, at any time in its sole discretion. If Integrated Service Solutions Inc. Dba: NetServ discontinues providing the Service, or terminates your Service in its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final months’ charges or the remaining Monthly Recurring Charges (MRCs) in your agreed-to Service Term. If your Service is terminated for any stated reason, or because of improper use of the Service or IAD, you will be responsible for the full month's charges to the end of the current term and any remaining MRCs in your agreed-to Contract Term, plus a disconnection fee of $39.95 per SIP trunk, Hosted Seat/Extension all of which immediately become due and payable.
5.6 TAXES - You are responsible for, and shall pay, any applicable federal, state, provincial, 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 your subscription or use or payment for the Service, Equipment or a IAD. Such amounts are in addition to payment for the Service or IADs and will be billed to your credit card as set forth in this Agreement. If you are exempt from payment of such taxes, you shall provide Integrated Service Solutions Inc. Dba: NetServ with an original certificate that satisfies applicable legal requirement attesting to tax-exempt status. Tax exemption will only apply from and after the date Integrated Service Solutions Inc. Dba: NetServ receives such certificate.
5.7 TERMINTAION OF SERVICES & DISCONNECTION FEES - If you terminate Services prior to the end of your original Contract Term, you will be responsible for the remaining Monthly Recurring Plan Charges for each billable month left in your Contract Term, plus a cancellation fee of $39.95 per IP trunk, Hosted Seat/Extension a $5.00 cancellation fee per DID, plus any other unbilled charges, all of which become immediately due and payable upon termination or cancellation of Service/Contract. You will not be subject to a disconnection fee if you fulfill your agreed-to Contract Term. The disconnect fees become due and payable immediately upon Service disconnection/termination and will billed directly to your bank account and/or credit card on file.
5.8 PAYPHONE CHARGES - If you make use of Integrated Service Solutions Inc. Dba: NetServ Toll Free Services you acknowledge and agree that Integrated Service Solutions Inc. Dba: NetServ is entitled to recover from you any charges imposed on Integrated Service Solutions Inc. Dba: NetServ by payphone owners or operators, either directly or indirectly through Integrated Service Solutions Inc. Dba: NetServ ’s suppliers in connection with toll free calls made to your number, or any charges imposed upon Integrated Service Solutions Inc. Dba: NetServ by its suppliers to recover such costs. Integrated Service Solutions Inc. Dba: NetServ may recover these amounts by means of a per-call charge, rounded up to the next cent, or in such other fashion, as Integrated Service Solutions Inc. Dba: NetServ deems appropriate for the recovery of these costs.
5.9 INTERNATIONAL & DOMESTIC RATES - Integrated Service Solutions Inc. Dba: NetServ makes every attempt to keep the domestic and international per minute rates consistent. From time to time, however, it may be necessary to increase or decrease the rates due to changes in underlying wholesale costs or legislation enactments that are not under the control of Integrated Service Solutions Inc. Dba: NetServ. In the event that there must be changes to Integrated Service Solutions Inc. Dba: NetServ 's domestic or international rates, you will be notified by email within twenty-four (24) hours of such change which will be reflected on Integrated Service Solutions Inc. Dba: NetServ’s website where the rates are published. The rate change will become effective immediately upon delivery of email notice to you and will be reflected on your Integrated Service Solutions Inc. Dba: NetServ bill from the delivery of notice date forward.
6.0 WARRANTY OF SERVICES, LIMITATION OF LIABILITY AND INDEMNIFICATION 6.1 AVAILABILITY OF SERVICES -Integrated Service Solutions Inc. Dba: NetServ makes no warranties or claims, nor guarantees regarding the reliability or availability of the Services. Additionally, Integrated Service Solutions Inc. Dba: NetServ is not liable for any delay or failure to provide the VoIP/E911/911 services including, at any time or from time to time, or any interruption or degradation of voice quality that is caused by, but in no way limited to, any of the following events: 1.) Act of an underlying carrier, service provider, vendor or other third party; 2.) Equipment, network or facility failure, upgrade, or modification; 3.) Events such as (but not limited to) natural disasters, acts of god, power outages; strikes; fire; war; riot; government actions; 4.) Equipment, network or facility shortage or relocation; 5.) Service, equipment, network or facility failure caused by loss of power; 8) Outage of Customer’s ISP or broadband service provider; 9) Act of Customer or any person using the Service or IAD provided to Customer; or 10) Any other cause that is beyond Integrated Service Solutions Inc. Dba: NetServ’s direct control, including without limitation a failure of or defect of IAD, failure of a communication, the inability of communications (including without limitation 411, E911/911, or Fax dialing) to be completed, or degradation of voice quality. Integrated Service Solutions Inc. Dba: NetServ’s liability for (i) any failure or mistake; (ii) any claim with respect to Integrated Service Solutions Inc. Dba: NetServ’ performance or nonperformance hereunder or (iii) any Integrated Service Solutions Inc. Dba: NetServ act or omission in connection with the subject matter hereof shall in no event exceed Service charges with respect to the affected time period.
6.2 DISCLAIMER OF DAMAGES - IN no event shall Integrated Service Solutions Inc. Dba: NetServ 's officers, affiliates, directors, employees, affiliates, or agents or any other service providers who furnishes underlying services in connection with the delivery of Integrated Service Solutions Inc. Dba: NetServ Services be liable for any direct, indirect, incidental, special, punitive, exemplary, or consequential damages, or for any other damages, including, but not limited to loss of life, profit, revenue, data, or any other damages associated with the use or inability to use the Service, including inability to dial fax, )+, 411, 911 or access other emergency service personnel through the Service. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, product liability, tort and any and all other theories of liability and apply whether or not Integrated Service Solutions Inc. Dba: NetServ was informed likelihood of any particular type of damages.
6.3 INDEMNIFICATION AND LIMITATION OF LIABILITY - By agreeing to these Terms and Conditions, you agree to indemnify, defend, and hold harmless Integrated Service Solutions Inc. Dba: NetServ , its directors, officers, employees, affiliates, agents, partners, technicians, and/or underlying service or database providers, from any and all direct, indirect, consequential, or special losses, damages or claims of any kind (including, but not limited to, attorney fees, third party claims, loss of life, loss of business or profits, loss of customers, and/or damage to reputation or goodwill) sustained by you, household family members, colleagues, coworkers, employees, partners and/or affiliates, and end, circumstantial, or third party users of the Service, due to or resulting from any failure in or breakdown of the Service, facilities, or systems associated with providing the Service, or for any delay, interruption or degradation of the Services whatsoever shall be the cause or duration thereof, or for any other cause or claim arising under the Term of Service.
6.4 NO WARRANTIES ON SERVICE - Integrated Service Solutions Inc. Dba: NetServ makes no warranties (express or implied and without limitation), any implied warranties of merchantability, fitness of the Services for a particular purpose, title or non-infringement or any warranty arising by usage or trade, course, or dealing or course of performance or any warranty that the Services will meet your expectations or requirements. Without limiting the foregoing, Integrated Service Solutions Inc. Dba: NetServ does not warrant that the Service will be without failure, delay, interruption, error, and degradation of voice quality or loss of content, data or information. Neither Integrated Service Solutions Inc. Dba: NetServ nor its officers, directors, employees, affiliates, agents or any other service provider or vendor who furnishes services or products which are used to deliver the Services, will be liable for unauthorized access to Integrated Service Solutions Inc. Dba: NetServ or Customer's or Vendor's transmission facilities or premise equipment for unauthorized access to or alternation, theft, or destruction of your data files, information, programs, procedures, software or hardware through accident, fraudulent means or IADs or any other method, regardless or whether such damage occurs as a result of Integrated Service Solutions Inc. Dba: NetServ 's or its underlying service providers or vendors negligence. Statements and descriptions concerning the Service, Equipment or IAD, if any, by Integrated Service Solutions Inc. Dba: NetServ or Integrated Service Solutions Inc. Dba: NetServ’s employees, agents, installers or technicians are informational and are not given as warranty.
6.5 NO WARRANTIES, OR LIMITED WARRANTIES, FOR EQUIPMENT OR IADS (IADS) - If you received new equipment, phones or a new IAD from Integrated Service Solutions Inc. Dba: NetServ and it included a limited manufacturer's warranty at the time of receipt, you should refer to the warranty documentation provided with the equipment or IAD for information on the rights, disclaimers, and limitations afforded to you as a purchaser of the IAD. If your equipment, phones or IAD did not include a limited warranty at the time of receipt, you accept the equipment, phones or IAD "as is" and understand that you are not entitled to a replacement or refund in the event of any defect or failure. Integrated Service Solutions Inc. Dba: NetServ makes no warranties (express or implied) of any kind for the IAD other than the warranties expressly set forth in the documentation provided with the equipment or IAD. Integrated Service Solutions Inc. Dba: NetServ specifically disclaims any warranty of merchantability, fitness of the equipment, phones or IAD for a particular purpose, title or non-infringement, or any warranty arising by usage or trade, course of dealing, or course of performance or any warranty that the IAD or any hardware or software is "error free" or will meet your expectations or requirements. The foregoing will not be deemed to limit any disclaimer or limitation of warranty set forth in the documentation provided with the IAD.
6.6 CONTENT - You are responsible for any liability arising out of the content transmitted by or to you or your user* when using the Services. You must assure that your or your user's use of the Services will at all times comply with all applicable laws, regulations and written and electronic instructions for use. Integrated Service Solutions Inc. Dba: NetServ reserves the right to terminate or suspend affected Services, and/or remove your content from the Services, if Integrated Service Solutions Inc. Dba: NetServ determines that such use or content does not conform with the requirements set forth in this Agreement or interferes with Integrated Service Solutions Inc. Dba: NetServ 's ability to provide Services to you or others, or receives notice that your use or content may violate any laws or regulations. Integrated Service Solutions Inc. Dba: NetServ 's actions or inaction under this Section shall not constitute review or approval of your use of the Services or your content. You agree to indemnify and hold Integrated Service Solutions Inc. Dba: NetServ harmless against any and all liability arising from the content transmitted by or to you or your user while using the Services. * A "USER" MEANS ANY PERSON, WHETHER AUTHORIZED OR UNAUTHORIZED, USING THE SERVICE AND/OR EQUIPMENT OR IAD PROVIDED TO THE Integrated Service Solutions Inc. Dba: NetServ CUSTOMER.
7. GOVERNING LAW / RESOLUTION OF DISPUTES/ASSIGNMENT 7.1 WAIVER OF TRIAL BY JURY - Both Parties hereby knowingly, irrevocably, and voluntarily and intentionally waive any rights to a trial by jury in respect of any action proceeding, or counterclaim based on this Agreement or the Integrated Service Solutions Inc. Dba: NetServ Service(s), or any course of conduct, course of dealing, statements, (verbal or written) or action of any Party hereto. This provision is a material inducement for Integrated Service Solutions Inc. Dba: NetServ and the Customer entering into the subject transaction. You understand that this section 7.1. constitutes a waiver of any right to a trial by jury.
7.2 EQUITABLE REMEDIES - The Parties recognize and agree that money damages are an inadequate remedy for breach of this Agreement by either party and further recognize that such breach would result in irreparable harm to the other party. Therefore, in the event of a breach or threatened breach of any such provision by a party, the other party shall be entitled to injunctive relief (without the posting of any bond and without proof of actual damages) in order to prevent or to restrain any such breach or threatened breach. Injunctive relief pursuant to this Subsection shall be in addition to all other remedies available at law or in equity.
7.3 GOVERNING LAW - The Agreement and the relationship between you and Integrated Service Solutions Inc. Dba: NetServ shall be governed by the laws of the State of California, with venue in Orange County, California without regard to conflict of law provisions. If court action is initiated, you and Integrated Service Solutions Inc. Dba: NetServ agree to submit to the personal and exclusive jurisdiction of the courts located within the State of California, with venue in Orange County, California and hereby waive any objection as to venue. Integrated Service Solutions Inc. Dba: NetServ’s failure to exercise any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. 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 one (1) year after such claim or cause of action arose or be forever barred.
7.4 PREVAILING PARTY - In any controversy, claim or dispute arising out of, or relating to, this Agreement or the method and manner of performance thereof or the breach thereof, the prevailing party shall be entitled to recover from the other party, in addition to any other relief, all of its reasonable costs and expense (including without limitation court costs and reasonable attorneys’ and expert witness fees and related expenses) incurred in connection with such controversy, claim, or dispute. If neither party wholly prevails, the party that receives substantially the relief sought, whether by injunction, dismissal, summary judgment, judgment, or otherwise, shall be awarded all of its reasonable costs and expenses described above incurred in connection with such controversy, claim, or dispute.
7.5 ENTIRE AGREEMENT - This Agreement, any Rate Schedule and applicable Services Quote paperwork signed by the Parties constitutes the entire agreement between the Parties and governs your use of the Service and/or IAD. This entire agreement supersedes any prior agreements between the Parties and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon Integrated Service Solutions Inc. Dba: NetServ unless and until posted in accordance with Section 3 hereof.
7.6 SEVERABILITY - If any part of this Agreement is ever legally declared invalid, 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.
7.7 BINDING EFFECT - This Agreement shall be binding upon each party hereto and the heirs, successors, and assigns of the parties hereto. Each party represents and warrants to the other party that: (i) this Agreement is a legal, valid, and binding obligation of such party enforceable against such party in accordance with its terms; and (ii) the execution, delivery, and performance of this Agreement by such party do not require any authorization or approval or other action by, and no notice to or filing with, any governmental authority or regulatory body.
7.8 INDEPENDENT CONTRACTORS – The Parties are acting hereunder as independent contractors and under no circumstances shall any of the employees of one party be deemed the employees of the other party for any purpose. Nothing in this Agreement shall be deemed to constitute, create, or in any way be interpreted as a partnership, joint venture, franchise, or other formal business organization involving the Parties, nor shall anything in this Agreement be deemed to constitute one party the employee or agent of the other party. Neither of the Parties shall have any authority under this Agreement to bind, obligate, or otherwise commit the other party to any agreement or transaction for any purpose whatsoever.
7.9 ASSIGNMENT - This Agreement is personal to the Parties and may not be assigned or transferred by either Party without the prior written consent of the other Party which consent shall not be unreasonably withheld; except that Integrated Service Solutions Inc. Dba: NetServ may assign this Agreement without consent to any affiliated entity or to any successor in interest whether by merger, reorganization or transfer of all or substantially all of its assets or otherwise. Except as provided herein, any assignment in contravention of the above shall be void and ineffective.
8. PRIVACY - Integrated Service Solutions Inc. Dba: NetServ Service(s) utilizes the public Internet and various third party networks to transmit voice communications. Integrated Service Solutions Inc. Dba: NetServ is not liable for any invasion of privacy experienced by Customer with regard to the Service(s).
9. ACCEPTANCE OF DIGITAL SIGNATURES - BY SIGNING THE Integrated Service Solutions Inc. Dba: NetServ SERVICES QUOTE, I ACKNOWLEDGE THAT I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS TERMS & CONDITIONS DOCUMENT. I UNDERSTAND THAT MY DIGITAL OR WRITTEN SIGNATURE ON THE Integrated Service Solutions Inc. Dba: NetServ SERVICES QUOTE SERVES AS MY ACCEPTANCE OF THE Integrated Service Solutions Inc. Dba: NetServ TERMS AND CONDITIONS AS OUTLINED IN THIS DOCUMENT.