PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
This contract is a legal agreement between the individual or entity identified as ("Customer") in this agreement and Public Telephone Company Inc as the provider of Infrastructure, billing and compliance, technical support ("Service Provider"). Customer agrees that the all Services are subject to the rates terms and conditions stated in this Agreement, included any attached hereto.
The Customer and Service Provider agree to the following:
Fee Payments and Other Charges:
All usage based charges and any other non-recurring charges are due and payable in advance due on the first day of each billing period. You agree to pay for all equipment, set up, service and all fees at the time your request for Services. All payments, including payments paid in advance, are completely non-refundable. Payments are to be paid by the customer utilizing the on-line portal, and customer can set up to automatically pay when the bill is issued. In the case that payment is not make on the bill due date, which is 10 calendar days after bill created on the 11th day, Customer will receive a reminder late notice via email on the 20th day, Customer will get a 5-business day deactivation notice and a deactivation notice fee of $35.00 on the 25th day, partial disconnection Customer account will be suspended, no inbound or outbound calls can be made, and you will forfeit you right to your phone numbers. Customer will be able to receive calls, but all outbound calls will go directly to our billing department, except if you have 911, those calls will go through to proper authorities. Reactivation $35.00 60 days – Deactivation.
Failure to pay in full will result in immediate account suspension and PTC shall have no liability for such suspension under any circumstances. Accounts will be reactivated, at PTC’s sole discretion, only when the account balance is paid in full, and applicable fees have been paid. In the event that you present a check to PTC for payment that is returned by your bank for non-sufficient funds, you shall pay a processing fee of $35. You are responsible and liable for any fees, including attorney and collection fees, that PTC may incur in its efforts to collect any remaining balances from you. You also agree that you will be billed for and will pay any outstanding balances if you cancel the Services. During any period of suspension for non-payment, Services will be unavailable to you until the account balance is paid in full.
All usage Except for usage based fees, except for call center and dialers which are prepay only, all fees are due in advance on the first day of each billing period All on-line payments will be assessed a credit card fee of 3.5%, you may elect not to pay the fee, (a) pay bill before the 7-day grace period, b) sending a check to:
PUBLIC TELEPHONE COMPANY
379 E BROADWAY ST
SUITE #109
OVIEDO, FL 32765
Service Provider and does reserve the right to deactivate or terminate a service prior to the end of the 5-day grace period. If a service is deactivated due to non-payment the service in question will only be reactivated after the outstanding balance has been received in full. Customer will return all leased /rented equipment to Partner upon termination (by Customer or Partner of your account. Equipment must be returned in good working condition with all parts, pieces and manuals. Cost of damaged or missing equipment will be added to your final moneys due. If accounts go past 30 calendar days past due, all phone information to include voice mail are deleted, and the phone number will become the property of Service Provider. Service Provider reserves the right to assign phone number(s) to other accounts. Non-Service Provider Toll Free numbers or Virtual numbers Customer is SOLEY responsible for 800 (toll free) billing numbers that are sent to our system, it is the responsibility for the customer, unless the 800 or toll-free number is provided by Service Provider and the necessary charges will be applied. Customer is SOLEY responsible for Virtual numbers and quality issues from other non-Service Provider provided phone numbers or any related services. Failure to Pay Service Provider or Partner, may deny service or terminate the agreement upon the failure of the Customer to pay charges when due. Service Provider provides the Customer with a 5-day grace period for payment on most services. A service will be interrupted or deactivated on outstanding accounts that reach 5 days past the due date. Service Provider does reserve the right to deactivate or terminate a service prior to the end of the 5-day grace period. If a service is deactivated due to non-payment the service in question will only be reactivated after the outstanding balance has been received in full. Customer will return all leased /rented equipment to Partner upon termination (by Customer or Partner) of your account. Equipment must be returned in good working condition with all parts, pieces and manuals. Cost of damaged or missing equipment will be added to your final moneys due. If accounts go past 30 calendar days past due, all phone information to include voice mail are deleted, and the phone number will become the property of Service Provider or Partner. Service Provider reserves the right to assign phone number(s) to other accounts. Miscellaneous
The term of the contract is month to month with a 6 month minimum , unless otherwise specified in writing. If for any reason the customer chooses to cancel the contract, the moneys due will be 80% of the total amount of the remaining term of the contract, and all equipment must be returned. If equipment is not returned, your credit card will be charged for the full retail cost of equipment. The contract will automatically be monthly being in the sixth month every month there after unless a registered certified letter, is received by Service provider or Partner, requesting termination, within 30 days of renewal date. . Long Distance charges are rounded to the minute. Service Provider or Partner will not disseminate any information about the customer or their data to any outside party without either written permission, or by legal action. Service Provider and/or Partner reserves the right to assign this contract to any other parties. Service Provider and or Partner is not responsible for any recordings, failure to record, loosing recording, or any reason. Warranty Service Provider and or Partner provides no warranties, expressed or implied, to the usability, functionality, up-time, and/or expected results of the telephone and related services it supplies and supports.
THE SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND SERVICE PROVIDER OR PARTNER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. THE LIABILITY, IF ANY, OF SERVICE PROVIDER OR PARTNER ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DEFECT, ERROR, OMISSION, DELAY, MISTAKE, INTERRUPTION, SUSPENSION, OR ANY OTHER FAILURE IN CONNECTION WITH FURNISHING SERVICES FACILITIES, OR MAINTENANCE, SHALL IN NO EVENT EXCEED AN AMOUNT EQUIVALENT TO THE PROPORTIONATE CHARGE TO CUSTOMER FOR THE AFFECTED SERVICE FOR THE TIME PERIOD DURING WHICH THE INTERRUPTION OCCURRED. SERVICE PROVIDER OR PARTNER SHALL NOT BE LIABLE TO CUSTOMER FOR ANY DELAYS IN THE PERFORMANCE OF ITS OBLIGATIONS FOR SERVICES HEREUNDER OR FOR ANY FAILURE TO PERFORM HEREUNDER IF SUCH DELAYS OR FAILURES ARE DUE TO THE ACTS OR OMISSIONS OF THIRD PARTIES, VENDORS OR SUPPLIERS, STRIKES, WAR, RIOTS, EMBARGOS, INCLEMENT WEATHER, ACTS OF GOD, OR OTHER CAUSES BEYOND SERVICE PROVIDER OR PARTNERS REASONABLE CONTROL. SERVICE PROVIDER OR PARTNER WILL ATTEMPT TO NOTIFY CUSTOMERS IN THE EVENT OF ANY OF THE FOREGOING OCCURRANCES. SERVICE PROVIDER OR PARTNER MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. RINGCENTRAL IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR THE INTERNET IN GENERAL. SERVICE PROVIDER OR PARTNER IS NOT RESPONSIBLE FOR THE CONTENT OR FUNCTIONALITY OF ANY THIRD PARTY NETWORK USED IN CONNECTION WITH THE SERVICES. ALTHOUGH EVERY EFFORT IS MADE TO ENSURE THAT VOICEMAILS AND FAX TRANSMISSIONS ARE SECURE, SERVICE PROVIDER OR PARTNER MAKES NO GUARANTEES OF SECURITY. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY: IN NO EVENT SHALL SERVICE PROVIDER OR PARTNER BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. SERVICE PROVIDER OR PARTNER’S TOTAL LIABILITY FOR ANY AND ALL DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED AND CAPPED IN THEIR ENTIRETY TO THE MONTHLY FEES SERVICE PROVIDER OR PARTNER CHARGED YOU DURING THE ONE (1) MONTH IMMMEDIATELY PRIOR TO THE DATE THAT THE EVENTS GIVING RISE TO THE ACTION OR CLAIM FIRST OCCURRED. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY IN ANY AND ALL CIRCUMSTANCES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU THE CUSTOMER.
Errors & Omissions Service Provider, Partner and their respective staff, contractors, and any other party involved in providing services on behalf of Service Provider or Partner, do not warrant that information provided and information contained in contracts, quotes, and agreements, is in every respect accurate, adequate, complete, or suitable for the purpose intended. They are not responsible or liable for any errors or omissions that may be found in such information or for the results obtained from the use of such information. Equipment Warranty - Lifetime of Customer The phones and phone system equipment in this is under contract, are covered by our warranty. Warranty entitles you to: if the equipment does not work or goes bad under normal use, we will replace is for as long as you remain a Service Provider customer, by maintaining service, and it’s not an act of God. Indemnification Customer shall indemnify and hold harmless Service provider, partner, its directors, officers, employees, shareholders, and agents from and against all liabilities, losses, costs, expenses (including reasonable attorneys’ fees), and damages resulting from (1) any negligent acts, omissions or willful misconduct by you, (2) your use of the Services, (3) any breach of this Terms and Conditions by you, and/or (4) your violation of any law or of any rights of any third party. Force Majeure SERVICE PROVIDER OR PARTNER shall be excused from any delay or failure in performance hereunder, other than the payment of monies, caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, riots, war, or government requirements. Dispute resolution and Operational Arbitration Customer agrees that any disputes between you and Service provider or partner shall be adjudicated in the state of federal courts of the state of Florida in the county of Orange. Any Customer dispute of billed charges must be brought to the attention of Service Provider or Partner within Forty Five (45) days of the applicable Customer invoice date. In the event of litigation or arbitration in connection with this Agreement or collection efforts by Service provider, if Service provider or Partner prevails it shall be entitled to all costs of collection including reasonable attorney’s fees.
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