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1. DEFINTIONS
Company : Telseven, LLC
Customer : a. Any person who uses Telseven Service; b. any person with actual or apparent authority to represent that person or to use the Services.
Local Telephone Company : A company that furnishes local exchange service.
Services : The service offerings provided by Telseven and purchased by you.
Telseven : Telseven, LLC
2. APPLICATION OF TERMS AND CONDITIONS OF SERVICES
2.1 General Application. These Terms and Conditions of Service (“Terms and Conditions", together with the applicable rates for service (“Rate" or “Rate Schedule", constitute your agreement with Telseven (“Agreement" for the Services that you purchase from Telseven, LLC. The Rate Schedules are incorporated into this Agreement by reference and are a part of this Agreement. BY PLACING A CALL ON THE TELSEVEN NETWORK, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AND TELSEVEN’S RATE SCHEDULE. IF YOU DO NOT AGREE WITH TELSEVEN’S RATE SCHEDULES OR TERMS AND CONDITIONS, DO NOT USE THE SERVICES.
2.2 Changes to Rates, Terms and Conditions. Telseven reserves the right to change its Rate Schedules or Terms and Conditions at any time. All changes to existing service and product offerings will be posted on Telseven’s website at http://www.telseven.com at least 24 hours before they become effective. The rates, terms and conditions of new service or product offerings will be posted on Telseven’s website within 24 hours after such new service or product is available to customers. You may also obtain information on Rate Schedules or a copy of the current Terms and Conditions by calling the Telseven Customer Service number at (904) 273-6882, or by writing to or visiting Telseven Customer Service, 200 Executive Way, Ponte Vedra, FL, 32082. YOUR USE OF THE SERVICES CONSTITUTES YOUR AGREEMENT TO TELSEVEN’S RATES, TERMS AND CONDITIONS THAT ARE IN EFFECT AT THE TIME YOU USE THE SERVICES.
2.3 Scope. This Agreement applies to Telseven’s Services described in Telseven’s website at http://www.telseven.com.
2.4 Shortage of Facilities. All services is subject to the availability of suitable facilities. Telseven reserves the right to limit the length of communications or to discontinue furnishing services when necessary because of a lack of transmission medium capacity or because of any other causes beyond its control.
3. BILLING AND SERVICE CHARGES
3.1 Charges. You agree to pay for Services at the current Rates and subject to any applicable restrictions, which are set forth on the Rate Schedules.
3.2 Federal Universal Service Fund Charge (FUSFC). In addition to the Rates for using the Services, a Federal Universal Service Fund Charge (FUSFC) may also apply to your Services.
A. The Federal Universal Service Fund Charge (FUSFC) recovers the Company’s cost of supporting universal service under the Telecommunications Act of 1996. The FUSFC will be determined by multiplying the FUSFC Surcharge Factor by the directory assistance service charges billed each month.
B. FUSFC Surcharge Factor will be equal to the Universal Service Fund Contribution Factor in effect at the time the bill is issued, as set by the Wireline Competition Bureau of the Federal Communications Commission on a quarterly basis, which can be found on the world wide web at www.fcc.gov/wcb/universal_service/quarter.html.
3.3 Payment Terms. You agree to pay for Services at the Rates applicable to at the time you used the Services and according to the terms of this Agreement.
3.4 Rendering and Payment of Bills
A. Billing periods are monthly.
B. The billing date is dependent on the billing cycle assigned to the Customer.
C. Bills are due and payable upon receipt. The total invoice amount must be paid within twenty (20) days of the invoice date or by the fifth day of the following month, whichever is later. Bills not paid within thirty (30) days after the invoice date may be subject to a 1.5% service charge on the unpaid amount. Telseven reserves the right to block access to its network from particular phone numbers where bills to that phone number are not paid for by the 60th day past the billing date.
D. All charges for Service are payable only in the United States currency. Payment may be made by cash, check, money order or cashier’s check.
3.3 Billing Errors. If you believe that Telseven has charged you Rates in error, please contact Telseven Customer Service immediately. If Telseven has charged you Rates due to its error, an error by your Local Telephone Company, or some other cause beyond your control, your account will be credited for the erroneous charges.
3.5 Refunds. If you believe that you have overpaid Telseven, you must submit a claim to Telseven within 60 days after the claimed overpayment, along with evidence supporting the claim. If a billing error results in an overbilling or overcharge, Telseven may refund the amount over billed or overcharged by issuing a credit to your account.
4. YOUR RESPONSIBILITIES
4.1 Your Duties and Responsibilities. You must:
A. ensure compliance with this Agreement by anyone who you authorize to use the Services;
B. cooperate with Telseven in trouble determination and fault isolation.
4.2 Use of Services.
A. You may not use the Services for any unlawful purpose, or in such a way as to interfere with the use of Services by others. If you fail to comply with this Section, you release Telseven from all liabilities or obligations and you must pay Telseven for all costs or damages that Telseven incurs as a result.
B. You must not permit or assist others to abuse or fraudulently use Services.
C. If you use the Services in any manner that violates this Section, Telseven may immediately suspend or terminate your Service without notice.
5. RESTRICTION OF SERVICES
5.1. Blocked Access. Telseven may immediately and without notice or liability block access to its network from particular phone numbers where:
A. Telseven is experiencing toll fraud, or usage of Services in an amount that is not supported by your credit;
B. Telseven is prohibited from furnishing Service by order of a court or other government authority having jurisdiction;
C. You use, or attempt to use, the Services in a manner that violates any law or regulation;
D. You provide false information to the Company regarding
your identity, address, credit-worthiness, past or current use of communications services, or its planned use of the Company’s Service(s);
E. You use, or attempt to use, the Services with the intent to avoid the payment, either in whole or in part, of the Rates for the service by:
1. Using, or attempting to use, the Service by rearranging, tampering with, or making connections to the Company’s service not authorized by this Agreement, or
(2) Using tricks, schemes, false or invalid numbers, false credit devices, electronic devices, or
(3) Any other fraudulent means or devices.
D. You place harassing phone calls to Telseven, including calls in which you use abusive language.
6. DISPUTE RESOLUTION
6.1 This Section applies to any dispute between you and Telseven arising out of or relating to this Agreement, including any dispute you may have regarding the Services, charges for Services, advertising, or any other dispute that either you or Telseven has that is related to this Agreement, even if the dispute arises after your Service has terminated. All disputes must be resolved as described in this Section. YOU AGREE THAT ANY DISPUTE WILL NOT BE RESOLVED BY A JUDGE OR JURY IN COURT (EXCEPT FOR SMALL CLAIMS COURT, IF APPLICABLE). YOU FURTHER AGREE THAT ANY DISPUTE YOU MAY HAVE AGAINST TELSEVEN CANNOT BE JOINED WITH THE DISPUTE OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR ANY OTHER PROCEEDING, OR RESOLVED ON A CLASS-WIDE BASIS.
6.2 If you have a dispute with Telseven, you must first call Telseven’s Customer Service department at (904) 273-6883 or write to Telseven Customer Service, 200 Executive Way, Ponte Vedra, FL, 32082 to attempt to resolve your dispute. You must describer your dispute and provide Telseven with any support documentation. Likewise, if Telseven has a dispute with you it will notify you by letter sent to your billing address and attempt to resolve it before pursuing arbitration.
6.3 If either party is unable to resolve its dispute within 60 days of notifying the other party of the dispute, either party has the right to take the dispute to small claims court if it qualifies under the rules of that court. Alternatively, either party may request arbitration of the dispute through the American Arbitration Association (“AAA?. All disputes related to this Agreement that are not resolved informally or in small claims court, regardless of the legal or equitable theory under which they are brought, must be resolved through final and binding arbitration in accordance with the Federal Arbitration Act, 9 U.S.C. ?016, ANY REQUEST FOR ARBITRATION OF A DIPSUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST BE MADE WITH THE AAA WITHIN TWO YEARS OF: (a) THE DATE ON WHICH THE FIRST ACTION OR EVENT GIVING RISE TO THE DIPSUTE OCCURRED, OR (b) IF THE DISPUTE INVOLVES CLAIMED OVERCHARGES BY TELSEVEN, THE DATE THAT TELSEVEN NOTIFIES YOU THAT THE CHARGES ARE VALID, WHICHEVER IS LATER.
6.4 The arbitration will be conducted by one arbitrator in accordance with the procedures outlined in this Section. The arbitrator is bound by the terms of this Agreement in conducting the arbitration and making any award, and may not modify or change its terms.
6.5 If the dispute involves $10,000 or less, the arbitration will be conducted according to the AAA’s Arbitration Rules for the Resolution of Consumer-Related Disputes in effect as of the date that a dispute is submitted to the AAA, as modified by this Agreement. If the dispute involves more than $10,000, the arbitration will be conducted according to the AAA’s Commercial Arbitration Rules in effect as of the date that a dispute is submitted to the AAA, as modified by this Agreement. You may obtain a copy of the AAA’s arbitration rules and procedures from your local AAA office or by visiting their website at www.adr.org.
6.6 You may be represented by an attorney in an arbitration. If the dispute involves less than $10,000, any in-person arbitration will be held at a location selected by the AAA in the state or area of your primary residence. If the dispute involves $10,000 or more, any in-person arbitration will be held at a location selected by the AAA in the state or area of your primary residence or in Ponte Verde, FL, 32082 at the option of the party filing the demand for arbitration. You and Telseven agree to keep all aspects of the arbitration confidential, including any testimony, documents, and award, except as may be required by law or to enforce any arbitration award.
6.7 Each party must pay its own expenses associated with any arbitration, including its attorney’s fees. If you file a request for arbitration, you will have to pay a filing fee in accordance with the AAA fee schedule. Under AAA rules, some costs such as the arbitrator’s fees and expenses will be allocated between the parties.
6.8 NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS' FEES UNLESS SUCH DAMAGES OR FEES ARE EXPRESSLY AUTHORIZED BY A STATUTE. YOU AND TELSEVEN BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.
6.9 Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
6.10 In addition to the procedures described in this Section for resolving a dispute, you may also have the right to file a complaint with an appropriate federal or state regulatory agency.
6.11 If any portion of this Dispute Resolution Section is determined to be invalid or unenforceable, the remainder of the Section remains in full force and effect.
7. LIMITATIONS ON LIABILITY
7.1. The Company shall not be liable to a Customer or third party for any direct, indirect, special, incidental, reliance, consequential, exemplary or punitive damages, including, but not limited to, loss of revenue or profits, for any reason whatsoever, including, but not limited to, any act or omission, failure to perform, delay, interruption, failure to provide any service or any failure in or breakdown of facilities associated with the service.
7.2. The liability of the Company for errors in billing that result in overpayment by the Customer shall be limited to a credit equal to the dollar amount erroneously billed or, in the event that payment has been made and service has been discontinued, to a refund of the amount erroneously billed.
7.3. The Company shall not be liable for any claims for loss or damages involving:
A. Any act or omission of: (a) the Customer; (b) any other entity furnishing service, equipment or facilities for use in conjunction with services or facilities provided by the Company; or (c) common carriers or warehousemen;
B. Any delay or failure of performance or equipment due to causes beyond the Company's control, including but not limited to, acts of God, fires, floods, earthquakes, hurricanes, or other catastrophes; national emergencies, insurrections, riots, wars or other civil commotions; strikes, lockouts, work stoppages or other labor difficulties; criminal actions taken against the Company; unavailability, failure or malfunction of equipment or facilities provided by the Customer or third parties; and any law, order, regulation or other action of any governing authority or agency thereof;
C. Any unlawful or unauthorized use of the Company's facilities and services;
D. Libel, slander, invasion of privacy or infringement of patents, trade secrets, or copyrights arising from or in connection with the transmission of communications by means of Company-provided facilities or services; or by means of the combination of Company-provided facilities or services with Customer-provided facilities or services;
E. Breach in the privacy or security of communications transmitted over the Company's facilities;
F. Changes in any of the facilities, operations or procedures of the Company that render any equipment, facilities or services provided by the Customer obsolete, or require modification or alteration of such equipment, facilities or services, or otherwise affect their use or performance, except where reasonable notice is required by the Company and is not provided to the Customer, in which event the Company’s liability is limited as set forth in Section 7.1 of this Agreement.
G. Defacement of or damage to Customers premises resulting from the furnishing of services or equipment on such premises or the installation or removal thereof;
H. Injury to property or injury or death to persons, including claims for payments made under Workers' Compensation law or under any plan for employee disability or death benefits, arising out of, or caused by, any act or omission of the Customer, or the construction, installation, maintenance, presence, use or removal of the Customer's facilities or equipment connected, or to be connected to the Company's facilities;
I. Any intentional, wrongful act of a Company employee when such act is not within the scope of the employee's responsibilities for the Company and/or is not authorized by the Company;
J. Any representations made by Company employees that do not comport, or that are inconsistent, with the provisions of this Agreement;
K. Any act or omission in connection with the provision of 911, E911, or similar services;
L. Any noncompletion of calls due to network busy conditions; or
K. Any calls not actually attempted to be completed during any period that service is unavailable.
7.4 The Company shall be indemnified, defended and held harmless by the Customer or end user from and against any and all claims, loss, demands, suits, expense, or other action or any liability whatsoever, including attorney fees, whether suffered, made, instituted, or asserted by the Customer or by any other party, for any personal injury to or death of any person or persons, and for any loss, damage or destruction of any property, including environmental contamination, whether owned by the Customer or by any other party, caused or claimed to have been caused directly or indirectly by the installation, operation, failure to operate, maintenance, presence, condition, location, use or removal of any Company or Customer equipment or facilities or service provided by the Company.
7.5 The Company does not guarantee nor make any warranty with respect to installations provided by it for use in an explosive atmosphere. The Company shall be indemnified, defended and held harmless by the Customer from and against any and all claims, loss, demands, suits, or other action, or any liability whatsoever, including attorney fees, whether suffered, made, instituted or asserted by the Customer or by any other party, for any personal injury to or death of any person or persons, and for any loss, damage or destruction of any property, including environmental contamination, whether owned by the Customer or by any other party, caused or claimed to have been caused directly or indirectly by the installation, operation, failure to operate, maintenance, presence, condition, location, use or removal of any equipment or facilities or the service.
7.6 The Company assumes no responsibility for the availability or performance of any cable or satellite systems or related facilities under the control of other entities, or for other facilities provided by other entities used for service to the Customer, even if the Company has acted as the Customer's agent in arranging for such facilities or services. Such facilities are provided subject to such degree of protection or nonpreemptibility as may be provided by the other entities.
7.7 Any claim of whatever nature against the Company shall be deemed conclusively to have been waived unless presented in writing to the Company within thirty (30) days after the date of the occurrence that gave rise to the claim.
7.8 THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, EXCEPT THOSE EXPRESSLY SET FORTH HEREIN.
8. CUSTOMER INFORMATION
8.1 Customer Proprietary Network Information. As Telseven provides Services to you, Telseven develops information about the quantity, technical configuration, type, destination, amount of Services you use, and other information found on your bill (“Customer Information?. In order to service you in the most effective and efficient manner, Telseven may use your Customer Information for purposes of determining and offering other related Telseven products and services that may interest you.
9. MISCELANEOUS
9.1 No Waiver of Rights. If either party fails to enforce any right or remedy under this Agreement, that does not waive the right or remedy for any other breach or failure.
9.2 No Third Party Beneficiaries. The parties do not extend this Agreement’s benefits to any third party, unless expressly stated in this Agreement.
9.3 Governing Law. This Agreement and all claims relating to the relationship between the parties are governed by federal law and the laws of the State of Florida.
9.4 Severability. If any provision is held to be illegal, or unenforceable, this Agreement’s unaffected provisions will remain in effect.
9.5 Headings of No Force or Effect. Headings in this Agreement are for reference only and have no effect on any provisions?meaning.
9.6 Assignment. You may not assign this Agreement. Telseven may assign this Agreement.
9.7 Notices. Any notices that Telseven must give you under this Agreement will be made in at least one of the following ways: postcard or letter mailed to the most recent address on your account, bill message, bill insert, e-mail to an address provided by you, recorded announcement, posting on the Telseven website, call to your billed telephone number and speaking to you or leaving a message, or newspaper ad.
9.9 Entire Agreement. These Terms and Conditions and applicable Rate Schedules, as may be modified by Telseven from time to time, constitute the entire agreement between you and Telseven. No prior agreements, understanding, statements, proposals or representation, either oral or written, apply. No written or oral statement, advertisement or service description not expressly contained in this Agreement can be used to alter or supplement its terms. You may not rely on any representations or statements not contained in this Agreement.
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