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This agreement ("Agreement") is between APTECH and the
USER or Distributor ("USER") of the APTECH VoIP Phone System
with voice communications Services, Internet and our Domestic or
International Long Distance Service or any APTECH service or
products ("Services") provided by APTECH to USER's shall be
governed by the terms and conditions herein. By
activating the Services,
USER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. PLEASE
READ THESE TERMS AND CONDITIONS CAREFULLY. They affect the legal
rights between USER and APTECH by, among other things, requiring
(1) MANDATORY ARBITRATION OF DISPUTES; (2) charging an EARLY
TERMINATION IF CUSTOMER DO NOT END THE TERM ACCEPTED (3) LIMITING APTECH's LIABILITY UNDER THE AGREEMENT.
USER acknowledges that they have legal age to enter into this
Agreement.
1. INTRODUCTION.
These Terms of Service constitute the agreement between APTECH
and the user of APTECH's services and any related products or
service. This agreement governs both our service and any
APTECH-approved or APTECH provided devices used with our
service. It applies to all lines on each APTECH account. APTECH.
is sometimes referred to as "we," "us," "our," or "APTECH" and
the user is sometimes referred to as "you," "your," or "user,"
"customer" or "distributor". By subscribing to or using our
service, you agree to these Terms of Service. All information
linked to these Terms of Service is part of it.
2. EMERGENCY SERVICES - E911
DIALING (APPLIES ONLY FOR CUSTOMERS WITH OUR PHONE SERVICE).
2.1 911 Dialing. APTECH 911
dialing is different than traditional 911 service.
2.2 APTECH 911 Disclosure Agreement. Click here to see the
current form of the APTECH 911 Disclosure Agreement. 911
DISCLOSURE DURING SUBSCRIBE APTECH 911 service is different from
traditional wireline 911 and cellular/wireless 911, but it is a
safe and reliable means of emergency dialing that may differ
depending on where you are located, and the device used, when
using your APTECH service. APTECH customers have access to
Enhanced 911 (E911), basic 911 or our national emergency call
center. With E911 service, when you dial 911 your APTECH phone
number and registered address is sent to the local emergency
center serving your location, and emergency operators have
access to this information in order to send help and call you
back if necessary. With basic 911, when you dial 911, local
emergency operators answering the call may not see your APTECH
telephone number or your registered address. The emergency
center may not be equipped to receive, capture or retain your
APTECH telephone number and registered address, so you must be
prepared to give them this information. Until you give the
operator your phone number, he/she may not be able to call you
back or dispatch help if the call is dropped or disconnected, or
if you are unable to speak. Once local emergency centers are
capable of receiving our customers' information, we
automatically upgrade customers with basic 911 to E911 service.
If you do not have access to either basic 911 or E911 for any
reason, your 911 call will be sent to the national emergency
call center, where a trained agent will ask for your name,
telephone number, and location, and then transfer you to the
local emergency center nearest to your location. We require you
to provide the physical address where you will be using our
service for 911 purposes. For E911 and basic 911, this address
is used to route 911 calls to your local emergency center. When
you initially provide your physical address, it can take up to
120 minutes to verify your address and activate 911 service at
this address. You will receive an email letting you know when
911 service is activated. If you move this device to another
location, you must update your address. You may register only
one location at time. If you do not update your location, your
911 calls may be sent to an emergency center near your old
address. When you update your location, it can take several
hours to activate 911 service at the updated address. You will
receive an email letting you know when 911 service is activated
at the updated address. Please note that our 911 Dialing service
will not function in the event of a broadband or power outage or
if your broadband, Internet Service Provider (ISP), or APTECH
phone service is terminated.
3. CUSTOMER SERVICE.
We offer varying types and levels of customer service depending
on a number of factors, including the service you are using and
the problems you are experiencing. For more information on our
customer service, please review our web site
www.aptech.us . We assume no
obligation to provide support services for any third party
products or services, or for problems with our service caused by
third party products or services. Unless you have entered into a
separate services agreement with us, we may change the customer
service options at any time.
4. MONEY BACK GUARANTEE.
We offer a money back guarantee if you terminate your service
within 30 days from your acceptance date. The acceptance or subscription
date is the date you order the service or the date we successfully
process your payment, whichever is later. It is not the day you
receive the equipment you ordered or the first day you use the
service, we will not refund setup fees.
4.1 We will not refund any credit for setup fees, we will refund
only the first Monthly Recurring Charge for the first service
term, initial shipping charges if any, the price you were
charged by us, any
device you purchased from us is eligible with a 15% re-stocking
fee, equipment you purchased in a retail stores is not eligible for our
money back guarantee. Please refer to the return policy of the
retailer where you purchased your device. Our money back
guarantee does not apply to any charges for international long
distance usage,
pay phone calls to APTECH toll free numbers, directory assistance
and any features or services not expressly included in your
monthly plan fee. In addition, we may not be able to refund all
of the taxes that you paid. Due to the nature of how APTECH
bills a customer's account, you may be billed for additional
charges for the time between disconnection and return of the
equipment. APTECH will use commercially reasonable efforts to
refund promptly any charges (less any amounts that you owe to
us) to your account following the return of your device. If you
have a billing dispute following the termination of your
account, please contact us at the phone 305-477-2824 Option 1.
4.2 We offer to Business Accounts a money back guarantee if you
terminate your service within 30 days from your subscription
date. Our money back guarantee applies proportionally with the
days of usage of the service(s). Our money back guarantee does not apply to
any charges for international usage, pay phone calls to APTECH
toll free numbers, directory assistance and any features or
services not expressly included in your monthly plan fee. In
addition, we may not be able to refund all of the taxes that you
paid. Due to the way APTECH bills a customer's account, you may
be billed for additional charges for the time between
disconnection and the return of the equipment. APTECH will use
commercially reasonable efforts to refund promptly any charges
(less any amounts that you owe to us) to your account following
the return of your device. If you have a billing dispute
following the termination of your account, please contact us at
the following phone 305-477-2824.
4.3 We have the right to disconnect
or revoke our 30 day money back guarantee for all customers at
any time, without prior notice.
5. SERVICE & OUTAGES
5.1 Service Distinctions. Our
service is a interconnected communications service, and we
provide it on a best efforts basis. There are important
distinctions between a telecommunications service and our
service. Our service requires a high speed broadband connection
which could be included in your package or not.
Events beyond our control may affect our service, such as power
outages, fluctuations in the Internet, a fiber or cable broken,
an electrical storm, your underlying ISP or broadband service,
or maintenance. We will act in good faith to minimize
disruptions to your use and access to our service.
5.2 Residential Use of Service and Device. If you subscribe to
our residential service plans, we provide you with service and
the device solely for normal residential, non-commercial use. If
you subscribe to a service plan which permits use of more than
one device with the same voice line, the basis for assessing
such use will not change.
5.3 Business Plans. If you subscribe to any of APTECH's
Business plans, we provide our service(s) to you
solely for use as a business user and not for resell.
5.4 Inconsistent with Normal Use. If you use the service in a way that is inconsistent with the normal use for
your service or plan, you will be required, at APTECH's sole
discretion, to pay the rates for the service or plan that would
apply to the way you used the service or device, APTECH may terminate
the plan.
Our service does not support 0+ or operator assisted
calling, including, without limitation, collect calls, third
party billing calls, 900, or calling card calls. Our service may
not support 311, 511, and other x11 services in one or more
service areas. Our service does support specified dialing such
as 911 and 411, which are provided for elsewhere in these Terms
of Service.
5.6 No Directory Listing. The phone numbers you get from us will
not be listed in any telephone directories. However, any phone
numbers you transfer from your local phone company may be listed
and you can be listed for a fee.
5.7 Incompatibility With Other Services. (a) Non-Voice Equipment
Limitations. You acknowledge that our service may not be
compatible with all non-voice communications equipment,
including but not limited to home security systems, medical
monitoring equipment, certain versions of TIVo, satellite
television systems, PBX, Centrex, other private telephone
networks, or computer modems. You waive any claim against APTECH
for interference with or disruption of these services and
equipment, as well as any claim that APTECH is responsible for
any disruption to your business, if applicable. (b) Certain
Broadband, Cable Modem, and Other Services. You acknowledge that
our service presently is not compatible with AOL cable broadband
service and certain versions of TiVO. There may also be other
services with which our service may be incompatible. Some
providers of broadband service may provide modems that prevent
the transmission of communications using our service. We do not
warrant that our services will be compatible with all broadband
services and expressly disclaim any express or implied
warranties regarding the compatibility of our service with any
particular broadband service.
5.8 Passwords You will be asked to create a password or PIN in order to
gain access to your account information on-line or when
contacting a APTECH agent by phone. You agree to keep all
passwords and account information confidential and are solely
responsible for any liability or damages resulting from your
failure to maintain that confidentiality, and for all activities
that occur under your password. You must immediately notify us
if you suspect any breach of security such as loss, or
unauthorized disclosure or use of your password and account.
5.9 Changes to Service Plans Your service plan includes terms
and conditions such as monthly service allowances and features,
and the charges associated with those allowances and features,
all as described in the materials made available to you on your
subscription date. You acknowledge that your service plan is
also subject to these Terms of Service. Our service is subject
to our business policies, practices and procedures, which we can
change at any time without notice. Unless otherwise prohibited
by applicable law, we can also change the terms and conditions
of your service plan (such as features and prices) at any time,
with or without notice. If we do give you notice, it may be
provided on your account web page or monthly bill, in a
newsletter, in a mailing, by e-mail, or other communication
permitted under applicable law.
6. LENGTH OF
SERVICE.
6.1 Signed
Service Term. If you signed a service commitment Agreement, we
provide and you agreed to have our service for the period
specified in the agreement otherwise is a minimum of one year
period. Your service term refers to the period of time for which
we will bill you periodically in advance (for example, one month
or one year). Your first service term begins on the subscription
date, which is the date you first ordered service or the date we
successfully process your payment, whichever is later. It is not
the day you receive the equipment you ordered or the first time
you use the service. Your service will continue until canceled
by you or by us as provided for herein. Please note that the
obligations of this agreement begin on your subscription date
and are automatically renew every year.
6.2 Automatic Renewal. Your service term automatically renews
for the same term unless you send a letter 30 days before the
renewal date of your service term to cancel your service. The
renewal begins on the day after the last day of your service
term.
6.3 Other Commitments. If you made a commitment as part of a
promotional or plan benefit (such as an equipment, equipment
upgrade, a free month of service, free installation, a rebate,
or other incentive), unless otherwise specified in the offer you
received, your commitment begins on the earlier of the day that
you use the new equipment or accept the promotion or benefit.
Commitment could be a 1 or 2 year staying with the APTECH
Service depending on the promotion or plan you accepted. Any
Commitment requires the signature of the commitment for the
customer and his/her Credit Card on file.
6.4 Our right to disconnect. We have the right to suspend or
discontinue service generally, or to disconnect your service, at
any time. In addition, we reserve the right to immediately
disconnect your service at any time without notice: Our action
or inaction under this section does not constitute any review or
approval of your action or use or content.
6.5 Fees upon disconnection. (a) Disconnection by you. If you
attempt to disconnect service before the end of your current
service term, you will be responsible for all the charges for
your current term, including unbilled charges, plus any
disconnection fee. In addition, if you disconnect service that
is based on a commitment before the end of the commitment, you
agree to pay us the applicable recovery fee. (b) Disconnection
by you without term agreement. If you disconnect the service
without having any specific term agreement your last payment
will be the month number(s) are ported our from us, whenever any
CLEC asks for a number to be Port Out, customer account goes
into PREPAID status and must pay any open pending balance
immediately to be able to port out their numbers. (c) Order the
Disconnection by us without a reason. If we discontinue service
generally, or disconnect your service without a stated reason,
you will only be responsible for the charges that have accrued
through the date of the disconnection, including a pro-rated
portion of the final service term charges, and any recovery
fees. (d) Disconnection by us with a reason. If we disconnect
your service for any of the reasons listed in section 6.4 above,
you will be responsible for all charges through the end of your
current service term, including unbilled charges, plus any
disconnection and any recovery fees. (e) All of charges owed at
the time of disconnection will be immediately payable. We will
pursue collection for unpaid amounts on disconnected accounts
and may report these unpaid charges to credit bureaus.
6.6 Number Transfer or "Port" on Service Disconnection. (a)
Single Accounts. You may be able to take, or "port," your
current number(s) to another service provider after paying your
balance, If you ask your new service provider to port a number
from us and we receive your request from the new service
provider, we will terminate our service for that number upon
successful completion of the port. Once your service is
terminated and the port is completed, you will remain
responsible for any balances and fees through the end of that
billing cycle, including any cancellation fees. If the port out
is unsuccessful for any reason, your service and your agreement
with us will not terminate, you will remain an APTECH customer,
and you will continue to be responsible for all charges and fees
associated with your APTECH service.
6.7 Termination of Service. In order to terminate your service
or to terminate part of your service, you must contact our
Customer Service Department, via email or letter at the
following number: 305-477-2824 Option 1. Our Customer Service
Department is available to assist you Monday-Friday 9:00 a.m. –
5:00 p.m. Eastern Standard Time. To terminate your service you
must notify us on the previous billing cycle, in other words if
we already billed you the 1st day of the month and you want to
disconnect the service on the 2nd you must pay your service in
order to be terminated. Please note that simply returning your
APTECH ATA device(s) to us without notifying our Customer
Service Department that you wish to terminate service and
without receiving a written authorization from us we will not
terminate your service and you will remain responsible for all
costs and fees associated with your account. You must return the
APTECH ATA(s) device or IP Phones with our authorization on the
previous billing cycle you want to disconnect your lines to
Terminate your service, if you don't return the ATA(s) you still
be responsible for the last month payment and the return of the
ATA's or IP Phones, cost of the ATA or IP Phones is $75.00,
unless you paid the ATA's or IP Phone in full at the beginning
of the service. To be able to cancel any service customer
account your must be current.
7. DEVICES.
7.1 Devices purchased from a retail provider. (a) Return of
Device. Except as provided in the limited warranty found in
Section 7.1(b) below, if you purchased your device from a retail
provider, you may return your device only to that retail
provider. All device returns are subject to the return policy of
the retail provider and are not eligible for our money back
guarantee. We will not accept any device returned to us from a
retail customer. (b) Limited Warranty from APTECH for retail
customers only. We will provide a limited warranty on the device
only for manufacturing defects for a period of 1 year from your
subscription date. This retail customer limited warranty does
not apply to any defect or failure other than a manufacturing
defect. Without limiting the generality of the warranty, it does
not apply to any defect caused by damage in transit, retailer
handling, or your handling of your device. Some States do not
allow limitations on how long an implied warranty lasts, so the
above limitation may not apply to you. For returns subject to
this retail customer limited warranty, the following conditions
must be satisfied: we receive your device, in its original
condition, reasonable wear and tear excluded, together with the
original packaging, all parts, accessories, and documentation;
before returning your device to us, and within 1 year from your
subscription date, you need to obtain a valid return
authorization number from our Customer Service department which
you can reach at 305-477-2824, you pay all costs of shipping
your device back to us.
7.2 Devices purchased from us. (a) Limited Warranty. Except as
set forth in these Terms of Service, if you purchased a device
from us and the device included a limited warranty from another
company (such as the manufacturer) at the time you received it,
you should read the separate limited warranty document you got
with the device for information on the limitation and disclaimer
of certain warranties. We will provide a limited warranty on the
device only for manufacturing defects for a period of 1 year
from your subscription date or the time the manufacturer give for such
device. Some States do not allow limitations on how long an implied
warranty lasts, so the above limitation may not apply to you.
Warranty does not cover equipment damaged in a Storm.
(b) Repair or replacement.
Your only remedy for any breach of any limited warranty or other
breach of any duty regarding a device is to get a repaired or
replacement device by following our return procedures. This
limited warranty applies in place of the limited warranty
included with the device if the included limited warranty is
less favorable to you than this warranty. (c) Service
Cancellation. If you cancel your service within the money back
guarantee period, you may obtain a credit for the amount paid
for the monthly service not for the setup fee or leased returned
devices to us, according to the money back guarantee conditions.
(d) Receipt of damaged devices.
If you receive cartons or devices that are visibly damaged, you
must note the damage on the carrier's freight bill or receipt
and keep a copy. You must also keep the original carton, all
packing materials, and parts in the same condition in which you
received them from the carrier. You must then contact our
customer service department immediately at 305-477-2824.
(e) Ownership. If you purchased your devices from us customer own's
it, after 3 days of use the devices are not returnable for
refund.
7.3 Tampering with the Device. You may not change the electronic
serial number or equipment identifier or encryption keys or
other authentication or technical data of your device or perform
a factory reset of your device without first getting our written
consent.
7.4 Prohibited Devices. You are prohibited from using APTECH
services with any devices other than APTECH-approved devices
received from retailers or from us.
7.5 Disclaimer. Other than express warranties for the device in
the documentation that comes with your device and the retail
customer limited warranty in this agreement, following the term
of the limited warranty, we make no warranties of any kind,
express or implied, and specifically disclaim, following the
term of the limited warranty, any warranty of merchantability,
fitness of the device for a particular purpose, title or
non-infringement, or any warranty arising by usage of trade,
course of dealing, or course of performance, or any warranty
that the device or any firmware or software is "error free" or
will meet your requirements. This section does not limit any
disclaimer or limitation of warranty in the documentation
provided with your device. Device warranties do not apply to
Business Plus customers. This warranty gives you specific legal
rights, and you may also have other rights which vary from State
to State.
8. FEES, TAXES, AND OTHER
CHARGES.
8.1 Fees and charges. We will
publish on our web site the fees and charges. These fees and
charges may change from time to time. We may introduce new
products and services at special introductory pricing. At our
discretion, we may change introductory pricing. Where required
by law, we will send notification of invoices to your email
address on file with us. We reserve the right to bill you more
frequently if you owe us more than $75.
8.2 Billing increments. We bill usage charges in full minute
increments. We round partial minutes up to the next full minute,
unless we state otherwise in the rate schedules on our web site.
We bill fractional usage charges in full cents. We round up
cents when the value is $.005 or more and down when the value is
less than $.005, unless we state otherwise in the rate schedules
on our website. Click here to see a few examples of how minutes
and cost per minute are calculated.
8.3 Taxes State and local governments may assess taxes,
surcharges, or fees, or all of these, on your use of our
service. These charges may be a flat fee or a percentage of your
APTECH charges and may change without notice. These charges are
based on the rates applicable to the address you provided to us.
You are responsible for all applicable taxes, fees, or charges
for your subscription, use, or payment for our service or your
device. These amounts are in addition to the payment for your
service or devices. We will bill these charges to your payment
method according to the terms in this agreement. If you are
exempt from payment of any of these taxes, you must provide us
with an original certificate that satisfies the legal
requirements attesting to tax-exempt status. Tax exemption will
only apply from the date we receive your certificate. APTECH,
Attn: Customer Service Manager, 8081 NW 36th St., Suite 110,
Miami, FL 33166,
8.4 Payphone Charges. If you use our "Toll Free Plus" feature,
or any toll free feature that we offer in the future, we will
recover from you any charges imposed on us either directly or
indirectly for toll free calls made to your number. We may
recover these amounts by means of a per-call charge, rounded up
to the next cent, or in any other way we decide is appropriate
for the recovery of these costs.
8.5 Charges for Directory Calls (411). We may charge you $0.25
for each call you make to directory assistance except, and only
to the extent, that such calls are expressly included in the fee
for a service plan that you have selected.
8.6 Activation Fee. We will charge you a one-time activation fee
of $29.95 per line residential or business accounts, this fee
does not include the APTECH Adapter or the onsite installation,
if you don't pay the ATA Adapter and the installation fees you
are subject to a one year service commitment with APTECH.
8.7 Disconnection Fee. You will be charged a disconnection fee
equivalent to a one month of service counted from the date we
receive your disconnection notice by email or letter, the
disconnection fee is waived If your APTECH ATA adapter(s) are
returned to us.
8.8 Recovery Fee. If you disconnect service based on a
commitment before the end of the commitment period, you agree to
pay us the applicable recovery fee. A recovery fee is equal to
the difference between the price you paid and the regular price
of the good, service, or other benefit you received. Any
recovery fees are cumulative and are in addition to any other
amounts you may owe us, including any disconnection fees.
8.9 No Credit Allowances or Refunds for Prepaid Service Plan
Customers. Subject to our money back guarantee and law, we will
neither credit nor refund any service fees or any other amounts
you pay for any prepaid service plans.
8.10 No Credit for Non-Usage or Misdialing Neither non-usage of
the service nor misdialing while using the service entitle you
to a credit for, or refund of, any portion of a payment made to
us.
9. BILLING CYCLE AND PAYMENTS.
9.1 Billing. We will bill your
Account each term of service. When you subscribe to our service,
you must give us a valid email address and a payment method that
we will accept. We reserve the right to stop accepting your
payment method or your payments. You must advise us at once if
your payment method expires if you close your account, your
billing address changes, your email address changes, or your
payment method is canceled and replaced on account of loss or
theft. Except for usage-based charges, we will bill in advance
to your payment method all charges, fees, taxes, and surcharges
for each service term. We will bill monthly as due immediately
usage-based charges and any other charges which we decide to
bill as due immediately. Bills will be sent to the email(s)
address on record. If
your Account is approved to be POST PAID.
Billing will contemplate
the following stages:
1) The APTECH Billing System
sends automatically the customer bill every Account to
their registered email(s), every first of the month.
2) We expect the customer to pay by the 10th of the
month.
3) If payment is not received by the 13th of the month
the Billing System will debit into the customer account
$35 Late Fee.
4) As a result of the Late Fee the Account could be over
the Credit Limit and service may be interrupted, if the
monthly invoice is still unpaid by the end of the month
service will be suspended until the bill is paid in
full. If we considered the Account insecure to do their
payments we will change the the Status to PREPAID and
customer must pay their bill before the 1st of the month
to avoid service interruption.
5) If the account is still open for the next 1st of the
month and customer wants to reconnect the service must
pay the 2 months all together and the Account will be
converted from POST PAID to PREPAID status from that
moment on, meaning that the customer must pay before the
first of the month (billing day) to avoid service
interruption.
6) We'll send the customer last daily email reminders
until the 10th of the next month and if Account still
unpaid we will disconnect the service and delete from
our Switch all provisioning of phone numbers and or
Internet service, recycling those number(s).
7) If customer wants to reconnect during the 1st month
of disconnection, there is a Late Fee of $35.00 and a
Reconnection Fee of $35.00 if more than two customer
must pay account activation.
8) If the customer wants to cancel the service and is no
tide with any Time Agreement with us, in order to
considered the Service canceled the customer must send
a letter or an email to
billing@aptech.us
, once we receive the cancellation communication or the
port out request, the
last month customer must pay is the same month of the
letter or email of service cancellation, the second
condition to considered the service canceled is that
APTECH's equipment should be remove from the customer's
site. If by any chance customer cancels the
service or requests to port out, but their number(s) are
still with us, while customer wait for the port out
process their account is set automatically to PREPAID.
9.2 Payment. When you subscribe to our service, when we set
customer Account to be Credit or not. If your Account is
approved to be POST PAID. If you are paying by Credit/Debit card
on File, card will be processed the 1st day of each month. In
case of termination your credit card authorization will remain
valid until 30 days after you terminate our authority to charge
your payment method. We will then charge you any disconnection
fee and any other outstanding charges and disconnect your
service.
9.3 Collection. If we disconnect your service, you will remain
liable to us for all charges under this agreement and all the
costs we incur to collect these charges, including, without
limitation, collection agency fees, reasonable attorneys' fees,
and arbitration or court costs.
9.4 Notices. You agree to promptly update your account
information whenever your personal or billing information
changes (including, for example, your name, address, e-mail
address, telephone number, and credit/debit card number and
expiration date). You acknowledge and agree that APTECH will be
sending you information regarding your service, including via
e-mail, over the Internet. If notices are sent by us to the last
email address provided by you, you agree that we have provided
sufficient email notice and you waive any rights to assert
failure of notice. You understand that it is difficult for us to
distinguish between credit and debit cards. You agree to waive
your rights under Regulation E to receive 10 days advance notice
from us regarding the amount that we will debit from your
account. While we may send you messages about your billing from
time to time, we are not obligated to do so. We may change or
cease our messages at any time without notice to you.
9.5 Billing Disputes. If you want to dispute any APTECH charges
on your statement, you must notify us within 7 days after you
receive your statement from your bank or credit card issuer. If
you do not dispute the charges within 7 days, you waive any
right to contest the charges.
9.6 Any returned check will be charge with a $35 dollars fee in
customer's account.
10. PROHIBITED USES; UNLAWFUL
USES AND INAPPROPRIATE CONDUCT.
10.1 Lawful purposes only. You
may use our service and your device only for lawful, proper and
appropriate purposes. You may not use our service or your device
in any way that is illegal, improper or inappropriate. For a
non-exhaustive list of examples of illegal, improper or
inappropriate uses of our service and/or devices, threatening,
abusive, harassing, defamatory, libelous, deceptive, fraudulent,
invasive of another's privacy, or any similar behavior In
addition, you shall not use our Internet service to download
copyrighted content service or using our phone service to do
auto-dialing continuous, or extensive call forwarding
Inbound/outbound centralized or distributed call center activity
telemarketing (including charitable or political solicitation or
polling) fax or voicemail broadcasting, or fax or voicemail
blasting and, you shall not use our service or your device to
impersonate another person; send bulk unsolicited messages; use
robots, data mining techniques, or other automated devices or
programs to catalog, download, store, or otherwise reproduce or
distribute information from our service or use any automated
means to manipulate our service; use our service to violate any
law, rule, or regulation; violate any third party's intellectual
property or personal rights; or exceed your permitted access to
our service.
10.2 Monitoring. We monitor the use of our phone and Internet
service and if we find violations of this agreement. We may remove
or block all communications, or if we think it necessary in order
to protect our service, or APTECH, it's parent, affiliates, directors,
officers, agents, and employees from harm.
10.3 Providing information to authorities and third parties. If
we believe that you have used our service or your device for an
unlawful purpose, we may forward the relevant communication and
other information, including your identity, to the appropriate
authorities for investigation and prosecution. You consent to
our forwarding of any such communications and information to
these authorities. In addition, we may disclose your name,
telephone number, credit card information, and other personal
information, any communications sent or received by you, and any
other information that we may have about your account, including
but not limited to, types of service, length of service, MAC
address(es), IP address(es), email address(es), registered 911
address, and all other account information, as follows: (i) in
response to law enforcement or other governmental agency
requests; (ii) as required by law, regulation, rule, subpoena,
search warrant, or court order; (iii) as necessary to identify,
contact, or bring legal action against someone who may be
misusing the service, the device, or both; (iv) to protect
APTECH's rights and property; or (v) in emergency situations
where disclosure of such information is necessary to protect
APTECH customers or third parties from imminent harm. 10.4 Use
of Service and Device by Customers Outside the United States.
Although we encourage you to use our service to call foreign
countries from the United States and to use our service as you
travel, the services are only offered and supported in the
United States. Our service is designed to work generally with
unencumbered high-speed internet connections. However, if the
high-speed internet connection you are using is not within a
APTECH service area or your ISP or broadband provider places
restrictions on using VoIP services, we do not claim that they
will allow you to use our service. You will be solely
responsible for any violations of local laws and regulations or
violations of ISP and broadband provider terms of service
because of your use of our service.
10.5 No Transfer of Service. You may not resell or transfer your
service or your device or provide a telephone service to anyone
else by using your APTECH service or features of your APTECH
service without first getting our written consent.
10.6 No Alterations or Tampering. If you copy or alter or have
someone else copy or alter the firmware or software of the
device in any way that facilitates a compromise of your service,
you are responsible for any charges that result. You may not
attempt to hack or otherwise alter or disrupt our service or
make any use of our service that is inconsistent with its
intended purpose.
10.7 Theft of Service. You may not use or obtain our service in
any manner that avoids APTECH policies and procedures, including
an illegal or improper manner. You will notify us immediately at
305-477-2824
http://www.aptech.us/cart/contact.asp if your device is
stolen or if you believe that your service is being stolen,
fraudulently used, or otherwise being used in an unauthorized
manner. When you notify us of one of these events, you must
provide your account number and a detailed description of the
circumstances of the theft, fraudulent use, or unauthorized use
of service. If you fail to notify us in a timely manner, we may
disconnect your service and levy additional charges on you.
Until you notify us, you will be liable for all use of our
service using a device stolen from you and any stolen,
fraudulent, or unauthorized use of our service whether or not it
involves a stolen device. 10.8 Unauthorized Usage of Device;
Firmware or Software. You have not been granted any license to
use the firmware or software we use to provide our service or
that we provide to you in providing our service, or that is
embedded in your device, other than a nontransferable, revocable
license to use the firmware or software in object code form
(without making any modification to it) strictly according the
terms and conditions of this agreement. You also agree that you
will use your device exclusively for our service. We will not
provide any passwords, codes, or other information or assistance
that would enable you to use your device for any other purpose.
We reserve the right to prohibit the use of any interface device
that we have not provided to you. You warrant that you possess
all required rights, including software or firmware licenses, or
both, to use any interface device that we have not provided to
you. You may not reverse compile, disassemble, or reverse
engineer, or otherwise attempt to derive the source code from
the binary code of the firmware or software.
11. LIMITATION ON WARRANTIES,
REMEDIES AND LIABILITY.
11.1 AS IS Services. You agree
that our services are provided "as is," except to the extent
provided below.
11.2 No Warranties on Service. We make no warranties, express or
implied, including but not limited to, any implied warranties of
merchantability, fitness of the service or device for a
particular purpose, title or non-infringement or any warranty
arising by usage of trade, course of dealing or course of
performance. In addition, we do not warrant that the service or
device will be without failure, delay, interruption, error,
omission, degradation of voice quality, or loss of content,
data, or information. Neither APTECH nor its officers,
directors, employees, affiliates or agents, or any other service
provider or vendor who furnishes services, devices, or products
to the customer for our service will be liable for unauthorized
access to our or your transmission facilities or premises or
equipment or for unauthorized access to, or alteration, theft,
or destruction of, customer's data files, programs, procedures,
or information through accident, fraudulent means, devices, or
any other method, regardless of whether such damage occurs as a
result of APTECH's or its service provider's or vendors'
negligence. Statements and descriptions concerning our service
or device, if any, by APTECH or APTECH's agents or installers
are informational and are not given as a warranty of any kind.
11.3 Device Warranties and Limitations (See Section 7)
11.4 No Credit Allowances for Interruption of APTECH Service due
to outages defined in the point 5. SERVICES & OUTAGES.
We will not give credit for any interruption of APTECH service,
or a bad quality call including international calling services.
11.5 Limitation of Liability. We will not be liable for any
delay or failure to provide service, including 911 Dialing, at
any time or any interruption or degradation of voice quality for
any caused including the following:
11.6 Disclaimer of Liability for Damages. In no event will
APTECH, its officers, directors, employees, affiliates or agents
or any other service provider who furnishes services or devices
to you in connection with our service be liable for any damages,
including but not limited to personal injury, wrongful death,
property damage, loss of data, loss of revenue or profits, or
damages arising out of or in connection with the use or
inability to use a device or the service, including inability to
access emergency service personnel through the 911 dialing
service or to obtain emergency help. These limitations apply to
claims founded in breach of contract, breach of warranty,
product liability, tort, and any and all other theories of
liability. These limitations apply whether or not we were
informed of the likelihood of any particular type of damages.
Some States do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
11.7 Disclaimer of 911 Liability. We disclaim all responsibility
for the conduct of local emergency response centers and the
national emergency calling center. We do not have any control
over any local emergency response center. Therefore, we are not
responsible for whether they answer calls using our 911 dialing
service, how they answer these calls, or how they handle them.
We rely on third parties to assist us in routing 911 dialing
calls to local emergency response centers and to a national
emergency calling center. We are neither liable nor responsible
if the data used by a third party to route calls is incorrect or
produces an erroneous result. Neither APTECH nor its officers or
employees may be held liable for any claim, damage, or loss,
fine, penalty, cost, and expense (including, without limitation,
attorneys fees) by, or on behalf of, you or any third party or
user of our service, relating to our service, including, without
limitation, 911 Dialing, or your device.
11.8 Limit on total liability. Our total liability under this
agreement will not exceed the service charges for the affected
time period. APTECH will not be responsible for third party fees
or charges, including but not limited to, banking fees,
overdraft fees, cellular phone or other wireline charges,
technician charges, or other similar charges.
12. INDEMNIFICATION AND WAIVER
OF CLAIMS.
12.1 Indemnification. You shall
defend, indemnify, and hold harmless APTECH, its officers,
directors, employees, affiliates and agents, and any other
service provider who furnishes services to you for our service,
from any and all claims, losses, damages, fines, penalties,
costs, and expenses (including, without limitation, attorneys
fees) by, or on behalf of, you or any third party or user of our
service, relating to our service, including, without limitation,
911 Dialing, or your device(s), or use of our service by you or
others using your account (whether or not such usage is
expressly authorized by you).
12.2 Waiver of Claim or Causes of Action. You waive all claims
or causes of action arising from or relating to our 911 dialing
service.
12.3 Content. You are liable for all liability that may arise
from the content transmitted to any person, whether or not you
authorize it, using your service or device(s). You promise that
you and anyone who uses your service and all your and their
content comply at all times with all laws, regulations, and
written and electronic instructions for using our service and
the device.
12.4 Account Information. You are liable for all liability that
may arise from your failure to provide true, accurate, current
and complete information and to maintain and promptly update
such information. If you provide any information that is, or we
have reasonable grounds to suspect is, untrue, inaccurate,
misleading, not current or incomplete, we may suspend or
terminate or refuse any and all current or future use of the
service, or any portion thereof.
13. MISCELLANEOUS LEGAL
CONSIDERATIONS.
13.1 Governing Law. The law of
the state of your residence will govern this agreement as well
as the relationship between you and us, except to the extent
such law is preempted by or inconsistent with applicable federal
law. Because this agreement is a transaction in interstate
commerce, the Federal Arbitration Act ("FAA"), and not state
arbitration law, shall govern the interpretation and enforcement
of the arbitration provision in Section 14.
13.2 No Waiver of Rights. Our failure to exercise or enforce any
right or provision of this agreement will not constitute a
waiver of the right or provision. APTECH reserves all of its
rights at law and equity to proceed against anyone who uses its
services or device illegally or improperly. All determinations
by APTECH under these Terms of Sale and exercise of its rights
are made and done in our sole and absolute discretion.
13.3 Survival. The provisions of this agreement that by their
sense and context are intended to survive the termination or
expiration of this agreement shall survive.
13.4 No Third Party Beneficiaries. If you are not a party to
this agreement, you do not have any remedy, claim, liability,
reimbursement, or cause of action. This agreement does not
create any third party beneficiary rights.
13.5 Legal Age. You promise that you are of legal age to enter
into this agreement and that you have read and understand fully
its terms and conditions.
13.6 Entire Agreement. This agreement, including any future
modifications to its terms, and the rates for services found on
our web site constitute the entire agreement between you and
APTECH. This agreement governs your use of our service, and the
use of our services by the members of your household and your
guests and employees. This agreement supersedes any prior
agreements between you and APTECH. It also supersedes all prior
or contemporaneous statements, understandings, writings,
commitments, or representations concerning its subject matter.
13.7 Severability. If any part of this agreement is legally
declared invalid or unenforceable, all other parts of this
agreement will remain valid and enforceable. This invalidity or
non-enforceability will not invalidate or render unenforceable
any other portion of this agreement.
14. DISPUTE RESOLUTION AND
BINDING ARBITRATION.
It is important that you read this entire section carefully.
This section provides for resolution of disputes through final
and binding arbitration before a neutral arbitrator instead of
in a court by a judge or jury.
14.1 Arbitration. APTECH and you agree to arbitrate any and all
disputes and claims between you and APTECH. Arbitration means
that all disputes and claims will be resolved by a neutral
arbitrator instead of by a judge or jury in a court. This
agreement to arbitrate is intended to be given the broadest
possible meaning under the law. It includes, but is not limited
to: disputes and claims arising out of or relating to any aspect
of the relationship between you and APTECH, whether based in
contract, tort, statute, fraud, misrepresentation or any other
legal theory; disputes and claims that arose before this or any
prior agreement (including, but not limited to, claims relating
to advertising); disputes and claims that may arise after the
termination of this agreement; disputes and claims that are
currently the subject of individual litigation; disputes and
claims that are currently the subject of purported class action
litigation in which you are not a member of a certified class;
and disputes and claims concerning the scope of this arbitration
provision. References to "APTECH," "us" and "you" include our
respective subsidiaries, affiliates, agents, employees,
predecessors in interest, successors and assigns, as well as all
authorized or unauthorized users or beneficiaries of the service
under this agreement or any prior agreements between you and
APTECH.
14.2 Informal Resolution of Disputes. Our customer care
department can resolve most customer concerns quickly and to the
customer's satisfaction. If you have a dispute or claim against
us, you should first contact the APTECH customer care department
by telephone at 305-477-2824 or by email at
http://www.APTECH.us/cart.contact.asp
. In the event your dispute or claim is not resolved to your
satisfaction, you may seek to have that dispute or claim
resolved as set forth below.
14.3 Formal Notice of Disputes. A party who intends to seek
arbitration must first send to the other party a written Notice
of Dispute. (A) A Notice of Dispute to APTECH must be sent to
APTECH: (1) by certified mail addressed to: APTECH, Attn: Legal
Officer, 8180 NW 36th St., Miami, FL 33166; or (2) by email
addressed to info@APTECH.us (B) A Notice of Dispute to you must
be sent to you (1) by certified mail at the last mailing address
that you registered with APTECH; or (2) by email addressed to
you at the last email address you registered with APTECH. (C)
The Notice of Dispute must (1) describe the nature and basis of
the dispute or claim; and (2) set forth the specific relief
sought. (D) If you and APTECH do not reach an agreement to
resolve the dispute or claim within thirty (30) days after the
Notice of Dispute is received, you or APTECH may commence an
arbitration proceeding. You may download or copy a form to
initiate an arbitration proceeding from the AAA website:
http://www.adr.org/si.asp?id=2062
. The amount of any settlement offer made by you or APTECH shall
not be disclosed to the arbitrator until after the arbitrator
determines the amount, if any, to which you or APTECH is
entitled.
14.4 Arbitrator and Arbitral Rules. The arbitration shall be
administered by the American Arbitration Association ("AAA").
You may contact the AAA by telephone at 1-800-778-7879, by email
at Websitemail@adr.org, or by mail at 335 Madison Avenue, Floor
10, New York, New York 10017. The arbitration shall be governed
by the AAA's Commercial Dispute Resolution Procedures and
Supplementary Procedures for Consumer Related Disputes
(collectively, "AAA Rules"), as modified by this Agreement. The
AAA Rules are available at www.adr.org or by calling the AAA at
1-800-778-7879. 14.5 Location and Procedure of Arbitration.
Unless you and APTECH mutually agree otherwise, all hearings
conducted as part of the arbitration shall take place at a
location, convenient to you, in the county or parish of your
billing address. If your claim is for $10,000 or less, you or
APTECH may request that the arbitration be conducted solely on
the basis of documents submitted to the arbitrator, through a
telephonic hearing, or by an in-person hearing as established by
the AAA Rules. If your claim is in excess of $10,000, the right
to a hearing will be determined by the AAA Rules.
14.6 Fees and Costs. If you cannot afford it, APTECH will
advance all arbitration filing fees and arbitrator's costs and
expenses upon your written request given prior to the
commencement of the arbitration. You are responsible for all
additional costs that you incur in the arbitration, including,
but not limited to, attorneys or expert witness fees. If the
arbitration proceeding is decided in APTECH's favor, you shall
reimburse APTECH for the fees and costs advanced to you. If the
arbitration proceeding is decided in your favor, you will not be
required to reimburse APTECH for any of the fees and costs
advanced by APTECH. If the party elects to appeal an award, the
prevailing party in the appeal shall be entitled to recover all
reasonable attorneys' fees incurred in that appeal.
Notwithstanding anything to the contrary in this arbitration
provision, APTECH shall pay all fees and costs which it is
required by law to pay.
14.7 Waiver of Jury Trial. You and APTECH agree that, by
entering into this agreement, you and APTECH are waiving the
right to a trial by jury.
14.8 Waiver of Class Actions. You and APTECH agree that the
arbitrator may award relief only in favor of the individual
party seeking relief and only to the extent necessary to provide
relief warranted by that party's individual claim. You and
APTECH agree that you and APTECH may bring claims against the
other only in your or its individual capacity, and not as a
plaintiff or class member in any purported class or
representative proceeding. You and APTECH agree that, unless you
and APTECH agree otherwise, the arbitrator may not consolidate
more than one person's or entity's claims, and may not otherwise
preside over any form of a representative or class proceeding.
Despite §13.7 or any other provision in this agreement to the
contrary, if this specific waiver of class actions provision, or
any portion thereof, is found to be unenforceable, then the
entirety of this dispute resolution and binding arbitration
provision shall be null and void.
14.9 Statute of Limitations: You must contact us within one (1)
year of the date of the occurrence of the event or facts giving
rise to a dispute (except for billing disputes which are subject
to section 9.5 of the agreement), or you waive the right to
pursue a claim based upon such event, facts, or dispute.
14.10 Exceptions to Arbitration Agreement: You and we agree: (a)
you may take your dispute to small claims court, if your dispute
qualifies for hearing by such court; (b) if you fail to timely
pay amounts due, we may assign your account for collection, and
the collection agency may pursue in court claims limited
strictly to the collection of the past due debt and any interest
or cost of collection permitted by law or the Agreement; (c) you
or we may take any disputes over the validity of any party's
intellectual property rights to a court of competent
jurisdiction; (d) any dispute related to or arising from
allegations associated with fraudulent or unauthorized use,
theft, or piracy of service may be brought in a court of
competent jurisdiction; and (e) either you or we may seek any
interim or preliminary relief from a court of competent
jurisdiction, necessary to protect the rights or property of you
or APTECH, pending the completion of arbitration.
14.11 Modification of Arbitration Provision. Despite §15 or any
other provision in this agreement to the contrary, if APTECH
makes any substantive change to this arbitration provision, you
may reject any such change and require APTECH to adhere to the
language in this provision.
15. CHANGES TO
THIS AGREEMENT.
We may change the terms and conditions of this agreement from
time to time. By subscribing to our service, you agree that we
may provide to you by use of electronic communications required
notices, agreements, and other information concerning APTECH,
including changes to this agreement. We may give you notice of a
change by posting the change on the home page of APTECH.com, on
your account web page or monthly bill, in a newsletter, by
e-mail, on the relevant web page of the applicable service, or
by other permitted communication. Such notices will be
considered given and effective on the date posted. These changes
will become binding on you on the date they are posted and we
are not required to give you further notice in order for you to
continue using our service. By continuing to use the service
after revisions are in effect, you accept and agree to all
revisions. If you do not agree to the changes, you must
terminate your service immediately. Termination charges will not
be applicable to termination of service due to increases in
price or other material changes if your account is in good
standing and you call us to terminate within 30 days after
posted notice of the change. When posted, this agreement
supersedes all previously agreed to electronic and written terms
of service, including, without limitation, any terms included
with the packaging of your device. It also supersedes any
written terms provided to retail customers with retail
distribution, including, without limitation, any written terms
in the packaging of your device. If you want to withdraw your
consent to receive notices electronically, you must discontinue
your use of APTECH services. If you continue to use our service,
we will consider this your acceptance of any changes.
16. PRIVACY.
APTECH Service uses, in whole or in part, the public Internet,
the public switched telephone network, and third party networks
to transmit voice and other communications. APTECH is not liable
for any lack of privacy which you may experience from using our
service. Please refer to our Privacy Policy for additional
information, such as how we use your information and how you can
opt out of receiving marketing messaging. (a) You authorize us
(i) to investigate and/or review your credit history, including
requesting a consumer report, both when you sign up for our
service and at any time after you sign up, for any purpose,
including, but not limited to, your initial qualification for an
account, your continued compliance with the terms of your
account and general customer base evaluation purposes not
specifically associated with your account; and (ii) to share
credit information about you with credit reporting agencies.
Upon your request we will inform you whether or not we have
requested a consumer report, and if a report was requested, the
name and address of the consumer reporting agency that furnished
the report, and (b) In addition, if you receive APTECH
Voicemail, whether as part of a plan that you have selected or
as part of a trial, you authorize us to share your voicemails
with human operators.
17. EXPORT
CONTROLS.
You agree to comply fully with all relevant export laws and
regulations of the United States, including but not limited to
the U.S. Export Administration Regulations, administered by the
Department of Commerce, Bureau of Industry and Security. You
also expressly agree that you shall not export, directly or
indirectly, re-export, divert, or transfer any portion of our
service or any direct product to any destination, company, or
person restricted or prohibited by U.S. export controls.
18. COPYRIGHT AND
TRADEMARK; COPYRIGHT INFRINGEMENT; DIGITAL MILLENNIUM COPYRIGHT
ACT (DMCA) NOTICE.
18.1 Our website content, our materials, services, logs, service
marks and trademarks are protected by trademark, copyright, or
other intellectual property laws, and international treaty
provisions. Infringement by you may result in civil or criminal
prosecution. 18.2 Third parties may make materials available
using our service. These third parties are not within our
control. We do not review the content posted on our service to
see if it includes illegal or impermissible content, nor are we
under any obligation to conduct any review. However, we respect
the copyright interests of others. It is our policy not to
permit materials we know infringes another party's copyright to
remain on our service. If you believe any materials on our
service infringes a copyright, you should give us written
notice. Click here to see what information must be included in
your notice and where your notice should be sent. Your notice
should at a minimum contain the following information: (i) a
physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed; (ii) identification of the copyrighted work claimed
to have been infringed, or, if multiple copyrighted works at a
single online site are covered by a single notification, a
representative list of such works at that site; (iii)
identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information
reasonably sufficient to permit us to locate the material; (iv)
information reasonably sufficient to permit us to contact the
complaining party, such as an address, telephone number, and, if
available, an electronic mail address at which the complaining
party may be contacted; (v) a statement that the complaining
party has a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner,
its agent, or the law; and (vi) a statement that the information
in the notification is accurate, and under penalty of perjury,
that the complaining party is authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed. All
DMCA notices should be sent to our designated agent as follows:
APTECH Legal Department, Attn: DMCA Notices, 8180 NW 36th St.,
Miami, FL 33166.
Governing Law.
The Agreement and the relationship between USER and APTECH
shall be governed by the laws of the State of STATE of Florida
without regard to its conflict of law provisions. To the extent
court action is initiated to enforce an arbitration award or for
any other reason consistent with Section 28.1, USER and APTECH
agree to submit to the personal and exclusive jurisdiction of
the courts within the state of STATE of Florida, to the extent
possible in Miami-Dade, and waive any objection as to venue or
inconvenient forum. The failure of APTECH to exercise or enforce
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. USER agrees 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. ENTIRE
AGREEMENT.
The Terms and Conditions of this
Agreement, along with the rates posted to the website currently
located at
http://www.aptechnetworks.com/terms-services.html
constitute the entire agreement with regard to this sale and
expressly supersede and replace any prior or contemporaneous
agreements, written or oral, relating to the Services. This
agreement shall be binding upon the heirs, successors, and
assigns of APTECH and USER.
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