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ITP, Integrated Technology Provider
I. THE AGREEMENT
These Terms and Conditions constitute the
agreement (the "Agreement") between ITP, (us or we) and the user
("you", "your", "user" or "Customer") of ITP’s integrated and all related products or services
("Service"). For purposes of the Agreement, "you" means the
customer, defined as either (i) the person identified in ITP's account records as
responsible for payment of all charges; or (ii) any other person
with actual or apparent authority to represent that person or to use
the service(s).
BY ENROLLING IN, USING, OR PAYING FOR ITP
HOSTED SYSTEM AND SERVICES , YOU AGREE TO THE PRICES, CHARGES, TERMS AND CONDITIONS IN
THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE PRICES, CHARGES, TERMS
AND CONDITIONS, DO NOT USE THE SERVICES, AND CANCEL THE SERVICES
IMMEDIATELY BY CALLING ITP AT THE TOLL FREE NUMBER LISTED AT WWW.ITP2GO.COM, FOR FURTHER DIRECTIONS.
The Agreement governs the Service and any
devices, or any IP
connection device or software ("Device" or
"Equipment"), used in conjunction with the Service. By activating
the Service, you acknowledge that you have read and understand, and
you agree to, the terms and conditions of the Agreement, and you
represent that you are of legal age to enter the Agreement and
become bound by its terms.
ITP may change the Terms and Conditions of the
Agreement from time to time. Notices will be considered given and
effective on the date posted. The Agreement posted
supersedes all previously agreed to electronic and written Terms and
Conditions.
The fees and charges for the Service, which
may be found on our website, are
subject to change. For your most current
fees and charges, the most current version of the Agreement, or if
you have questions about your services, please visit our website at
www.itp2go.com or call us at the
customer service number listed on the website.
.
II. SERVICE
A. Services
ITP provides enhanced applications for use in a local or hosted environment.
ITP’s Plans and Services provide software licensing and development, enhanced hosted
applications, intellectual property licensing, administration and management of customer information,
integration of software and hardware, technical help desk, network support and maintenance, hardware
and software leasing, system engineering, Integrated background management, Application
Program Interfaces and smartphone applications, data and storage , provisioning and
maintenance. There may be additional fees for wiring and equipment installation.
B. Term
Service is offered on a
monthly basis for a term which begins on the date that ITP
activates your account (the "Activation Date") and ends on the day
before the same date in the following month. Subsequent terms
of this Agreement automatically renew on a monthly basis without
further action by you unless you contact ITP via telephone to cancel.
Cancellation cannot be
processed via email. You are purchasing the Service
for full monthly terms, meaning that if you attempt to terminate
Service prior to the end of a monthly term, you will be responsible
for the full month's charges to the end of the then-current term,
including without limitation unbilled charges, plus any applicable
disconnect fee, all of which immediately become due and payable.
Expiration of the term or termination of Service does not excuse the
Customer from paying all unpaid, accrued charges due in relation to
the Agreement.
C. Activation Fee
Customer will be
charged an activation fee. The amount will vary in accordance with
the plan selected during signup. This fee is non-refundable and
billed upon account activation.
D. Money Back Guarantee
ITP offers a 30-day
money back guarantee, applicable to one primary plan per account.
Under terms of the Money-Back
Guarantee, ITP refunds the first month of service. ITP reserves
the right to terminate or revoke the Money-Back Guarantee at any time, without
prior notice. User must cancel service within 30 days of the
Activation Date. Equipment must be returned within 30 days.
Customer must not go out of his plan within the first 30 days of service.
User is responsible for any charges out of his plan. Cancellation may
take up to two business days. Any usage after contacting ITP is customer's
responsibility. Accounts that go out of their plan are not
eligible for refund. User may not port away a new DID
if user cancels within thirty days.
E. Equipment return
All returned equipment must be in the original
packaging with the UPC or bar code intact. All components, manuals
and registration card(s) must be included. Equipment must be
returned with a valid return authorization number obtained from ITP
Customer Care. User is responsible for return shipping of equipment. No money
will be refunded if user fails to meet all above requirements. If Equipment
is not returned within 30 days, or
is returned damaged or in unusable condition, Customer will be billed for the
Equipment. ITP reserves the right to charge for the Equipment immediately upon
cancellation if: Customer states non-intent to return Equipment; Customer
threatens to chargeback; Customer is abusive to ITP staff; or for any other
reason ITP deems necessary. In the event the Equipment is not returned and the
Customer is charged for the Equipment, it is then the Customer’s obligation and
responsibility to contact ITP after returning the Equipment for a refund.
Customers must call, write or email ITP to ensure processing of their refund as
charges will not be automatically credited. No account can be credited until
all equipment has been returned to ITP. (See section V for cancelation of service)
F. Residential Use of Hosted Service, Licensing, Software, Storage Solutions, and other Applications
If you have subscribed to ITP's residential
Hosted Service, Licensing, Software, Storage Solutions, or any other Applications,
they are provided to you as a
residential user, for your personal, residential, non-business and
non-professional use. This means that you are not using them for any
commercial or governmental activities, profit-making or non-profit,
including but not limited to home office, business, sales, tele-commuting, tele-marketing,
autodialing, continuous or extensive call forwarding, fax broadcast,
fax blasting or any other activity that would be inconsistent with
normal residential usage patterns. This also means that you are not
to resell or transfer the Hosted Service, Licensing, Software, Storage
Solutions, or Application to any other person
for any purpose, or make any charge for the use of the Service,
without express written permission from ITP in advance. You agree
that your use of the Hosted Service, Licensing, Software, Storage
Solutions, or Application, or the use of the
Hosted Service, Licensing, Software, Storage
Solutions, or Application provided to you by any other person for any
commercial or governmental purpose will obligate you to pay ITP's higher rates for
commercial service on account of all periods, including past
periods, in which you use, or used, the Service for commercial or
governmental purposes. ITP reserves the right to immediately
terminate or modify the Service, if ITP determines, in its sole
discretion, that Customer's Service is being used for
non-residential or commercial use.
G. Business Use of Service and Device
If you have subscribed to ITP's Business
Plan, the Hosted Service, Licensing, Software, Storage Solutions, or any
other Applications are provided to you as a business
user. This means that you are not to resell or transfer the service
or device to any other person for any purpose. You agree that the
ITP Business Plan does not confer the right to use the service for
auto-dialing, continuous or extensive call forwarding,
telemarketing, fax broadcasting or fax blasting. ITP reserves the
right to immediately terminate, modify or upgrade the Service, if
ITP determines, in its sole discretion, that Customer's Service is
being used for any of these. If you have a residential plan and
using the Services for business purposes ITP reserves the right to
cancel and/or charge accordingly.
H. Notice of Rate Changes
ITP may change the
prices and charges for the Services from time to time. We may
decrease prices without providing advance notice. Changes to any
other rates, charges, or terms or conditions in the Agreement will
be published at www.itp2go.com and will be incorporated by reference
into this Agreement.
I. Rounding Policy
For usage purposes, the length of usage is rounded up to the nearest minute unless otherwise described in each
plan. If the computed charge includes a fraction
of a cent, the fraction is rounded up to the nearest whole cent.
J. Free APP Downloads
ITP's APPs can be downloaded for free to allow the customer to manage their account.
Some features that can be accessed utilizing the APP may result in additional charges.
K.Duration
Generally, timing of
calls begins when the called party or an automated answering
device (such as an answering machine or a facsimile machine) answers
the call, and ends when all of the parties disconnects from the
call. However, some foreign carriers designate a call as "answered" when
the called party's line rings or after a certain number of rings. In these
situations, ITP will count the minutes as if it
were answered by the called party.
L. Customers Outside the United States
While we encourage use of the Service within the United States to other countries,
ITP does not presently offer or
support the service to customers located in other countries. If you
remove the device to a country other than the United
States and use the Service from there, you do so at
your own risk, including the risk that such activity violates local
laws in the country where you do so. You are liable for any and all
use of the Hosted Service, Licensing, Software, Storage Solutions, or other Applications
by any person making use of the
Hosted Service, Licensing, Software, Storage Solutions, or other Applications provided to you.
M. Loss of Service Due to Power Failure
The Service does not function without power. Should there be an interruption in the power
supply, the Service
will not function until power is restored. A power failure or
disruption may require you to reset or reconfigure equipment before
using the Service. Power disruptions or failures will also prevent
dialing to emergency service numbers including the Enhanced 911 calling feature.
N. Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software
The Hosted Service, Licensing, Software, Storage Solutions, and other Applications
and any firmware or software used to provide the Service or provided
to Customer in conjunction with providing the Service, or embedded
in the Device, and all Services, information, documents and
materials on ITP's website(s) are protected by trademark, copyright or other
intellectual property laws and international treaty provisions. All
websites, corporate names, service marks, trademarks, trade names,
logos and domain names (collectively "marks") of ITP are and shall
remain the exclusive property of ITP and nothing in this Agreement
shall grant you the right to license or to use such marks. You
acknowledge that you are not given any license to use the firmware
or software used to provide the Service or provided to Customer in
conjunction with providing the Service, or embedded in the Device,
other than a nontransferable, revocable license to use such firmware
or software (without making any modification thereto) strictly in
accordance with the terms and conditions of this Agreement, and that
the Device is exclusively for use in connection with the Service. If
you decide to use the Service through an interface device not
provided by ITP, which ITP reserves the right to prohibit in
particular cases or generally, you promise that you possess all
required rights, including software and/or firmware licenses, to use
that interface device with the Service and you will indemnify and
hold harmless ITP against any and all liability arising out of your
use of such interface device with the Service.
O. Tampering with the Device
You agree not to change the electronic serial number or equipment identifier of the
Device, or to perform a factory reset of the Device, without express permission from ITP.
ITP reserves the right to terminate your Service should you tamper
with the Device, leaving you responsible for the full month's
charges to the end of the current term, including without limitation
unbilled charges, plus any applicable disconnect fee, all of which
immediately become due and payable.
ITP also reserves the right to process payment for any equipment that has been damaged,
rendered non-functional, modified, neglected, poorly maintained or involved in accidents, or any act of God.
P. Theft of Service
You agree to notify ITP immediately, in writing, by electronic mail or by calling the
ITP customer support line, if the Device is stolen or if you become
aware at any time that your Service is being stolen or fraudulently
used. When you call or write, you must provide your account number
and a detailed description of the circumstances of the Device theft
or fraudulent use of Service. Failure to do so in a timely manner
may result in the termination of your Service and additional charges
to you. You will be liable for all use of the Service using a Device
stolen from you and any and all stolen Service or fraudulent use of
the Service. Notwithstanding anything herein to the contrary,
credits will not be issued for charges resulting from fraud that
arises out of third parties hacking into your equipment or the
internet. This includes, but is not limited to, modem hijacking,
wireless hijacking or other fraud arising out a failure of your
internal/corporate procedures. ITP will not issue credit for
invoiced charges for fraudulent use resulting from your negligent or
willful acts or those of an authorized user of your service.
Q. Number Transfer on Service Termination
ITP may, solely at ITP's discretion,
release the DID that was ported in to ITP by you and
used in connection with your Service provisioned by ITP to your new
service provider, if such new service provider is able to accept
such number, upon your termination of the Service, and provided
(i) your account has been terminated; and (ii) your ITP account is completely current
including payment for all charges and applicable disconnect fees;
and (iii) you request the transfer upon terminating your account.
Customer will not be able to port away the DID if
Customer cancels within thirty days of the Activation Date.
R. Service Distinctions
You acknowledge and understand that the Service is not a telephone service.
Important distinctions exist between telephone service and the integrated,
enhanced, software license service provided by ITP.
S. Collect Call and Operator Services
ITP does not offer collect call or operator services via this Service.
T. International DIDs or phone numbers
Customers that have international (non-United States) direct inward dial phone numbers
("DIDs") are provided
with these numbers based on current United States and overseas regulations. These
regulations are subject
to change without notice and ITP may be required to discontinue this
service, without notice. ITP reserves the right to discontinue
International DID services for any reason at any time and is only
obligated to refund the pro-rated monthly fee.
U. International Services
1. Foreign Carrier Restrictions. Foreign
carriers or regulatory agencies may impose, upon the portion of the
end-to-end international service or facilities they provide, certain
limitations or restrictions that may limit your ability use the ITP
services. You must conform to any limitations or restrictions
imposed by the foreign carriers or agencies.
2. Foreign Carrier Acts or Omissions.
a. When foreign carriers and foreign telecommunications
administrations use facilities to establish connections to points
not reached by ITP's
network, ITP is not liable for acts or omissions of other carriers
or foreign telecommunications administrations.
b. When the facilities of
other U.S. or foreign carriers are used in establishing connections
to points not reached by ITP's network, ITP is not liable for
refunds or damages if those calls do not terminate in the country,
city or area codes associated with the called number.
V. Surcharges and Fees
In addition to surcharges and fees which may be found in the applicable Plan, ITP
may adjust its fees and surcharges or impose additional fees and
surcharges. Surcharges and Other ITP Charges and Fees are costs that are passed on
to its customers as a surcharge for Licensing of intellectual property,
software and additional indirect costs and associated charges for administrative
costs. These surcharges and fees are not a tax and are subject to change. The
Lic. And Line fee helps defray account servicing costs associated with providing
hosted voice technology, licensing software, and intellectual property . This surcharge
is applied by ITP integrated solutions and is not a tax or fee assessed by a government
agency. The surcharges and fees may be base on a percentage or a flat fee.
W. Taxes and Fees
1. All taxes, tax-like charges, and tax-related
surcharges are referred to collectively as "Tax(es)." ITP may elect to impose and
collect such Taxes, unless otherwise constrained by court order or
direction. Taxes and Fees may include sales tax, excise, or other taxes that IT is
required to collect. Fees may change without notice.
2. You agree to pay
all Taxes imposed. If ITP has collected Taxes and a challenged Tax
is found to have been invalid and unenforceable, ITP, in its sole
discretion, will either reduce service rates for a fixed period of
time in the future in order to flow-through to customers an amount
equivalent to the amounts collected, or it will credit or refund
such amounts to affected customers (less its reasonable
administrative costs), if the amounts collected were retained by ITP
or if they were delivered to the jurisdiction and returned to ITP,
or it will negotiate an arrangement with the jurisdiction to provide
a future benefit for customers in that jurisdiction.
3. If you provide ITP
with a duly authorized tax exemption certificate, ITP will exempt
you in accordance with law, effective on the date ITP receives the
certificate.
4. Taxes on ITP's net income will be ITP's
responsibility.
5. If you are required
by the laws of any foreign tax jurisdiction to withhold income or
profit taxes from a payment, within 90 days of the withholding, you
will provide ITP with official tax certificates documenting
remittance of the taxes. The tax certificates will be in a form
sufficient to document qualification of the taxes for the foreign
tax credit allowable against ITP's U.S. corporate income tax, and
will be accompanied by an
English translation. Upon receipt of the tax certificate, ITP will
issue you a credit for the amounts represented thereby.
X. Local DIDs
Upon signup, the customer is required to choose a local DID. Based on availability
ITP will assign a DID. In the event that the exact number is not available,
ITP does not guarantee that the requested phone number will be assigned exactly
as chosen, only a number that is local to it.
Y. Use of ITP Service with Non Voice Devices
You acknowledge that ITP may not be compatible with all non-voice equipment such
as, but not limited to, security systems, satellite receivers, services such as
TiVo and DirecTV, medical monitoring devices, credit card machines and computer
modems. By agreeing to our Terms you waive any claim against ITP for any failure,
interruption or interference pursuant to use of these devices.
Z. Special Offers, Discounts, Promotions and Rebates.
If a promotional or plan benefit (such as an equipment upgrade, free month or discounted pricing of
service, free installation, rebate, or other incentive) is provided to you at no charge or at a
specified discount based on your keeping ITP service for a specific length of time, then the
specified period begins on the Order Date. If you terminate your service (early) before that
period of time expires, then you will be subject to an Early Termination Fee. The applicable
Early Termination Fee is assessed based upon the plan you select. On our 12-month agreement
the ETF will be calculated at $20 or greater per month based upon the plan you select.
On business accounts, the ETF will be $50, per line, per month with a minimum amount
of $500. The
ETF is pro-rated based upon the number of months in the term of the agreement for your selected
plan. Proration may not necessarily coincide with your bill cycle, and may include a balloon payment
at the end of the proration schedule. You are responsible for all usage charges that are outside of
the promotion or plan. 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 that are applicable to the plan, including unbilled charges, plus an
Early Termination Fee. Cancellation is effective on the date we cancel your plan. Annual
prepayment plan charges are not subject to refund. If your service is cancelled before the end of your
billing cycle for any reason by you or us, there are no pro-rated refunds. Charges for any overages,
and out-of-plan charges or any other features and
hosted services and license fees outside your plan are separately billed and charged to your selected payment method after
cancellation. In addition, if you obtain a product or service from us (e.g., a router) for which
a rebate or benefit was given to you that was conditioned on maintaining your ITP service for a specified
length of time, and you disconnect service before the end of that period, you agree to pay us the applicable
recovery fee and/or Early Termination Fee. If we disconnect your service for any reason, you will be responsible
for all charges through the end of your current service term, including unbilled charges, plus any applicable
disconnection, Early Termination Fees and any recovery fees. All Charges Owed at the Time of Disconnection will be Immediately Payable.
At the time of disconnection, we will immediately charge the credit or debit card you have provided to us for payment,
for all amounts due at that time. We will pursue collection for unpaid amounts on disconnected accounts and may report these unpaid charges to credit bureaus.
Any Rebate (ie. 12th month rebate) or any promotion that is not redeemable upon signup or has a
delay date, and will be applied at a later date; in order to receive
the promotion or rebate the customer is required to mail to ITP a
rebate/coupon or send an email to ITP that clearly states the
customer’s name, address, account number, date of activation and
website that the promotion was offered. All promotional pricing
expires after 6 months of service. Thereafter, standard charges will
apply.
III. RESTRICTIONS ON THE USE OF SERVICE
A. ITP offers its services subject to
availability of facilities, limitations of service offerings, and
the provisions of this Agreement.
B. Services provided by ITP under the Agreement
will not be used: (1) For any unlawful purpose; (2) For making
calls that use automatic dialing devices and terminate
into electronic information services, pay-per-call services, or
other domestic or international audiotext services; (3) For Call Centers or group
sales without ITP's explicit written authorization (Specialized plans may be tailored
to suit your needs); (4) For
international call-back offerings using uncompleted call signaling
to any country, when that country has prohibited such an offering by
statute or regulatory decision; or (5) For business usage under a
residential Service plan.
C. ITP may (1) deny, for any lawful reason,
your request for service, or (2) limit or allocate the facilities
available to or utilized by any Service, if necessary, to manage its
network in an efficient manner; meet reasonable service
expectations; furnish service to existing and future customers based
on forecasted customer requirements; or for any other lawful
reason.
D. ITP may, without notice (consistent with
governing laws or regulations), block traffic to or from specific
countries, country codes, cities, city codes, local telephone
exchanges ("NXX exchanges"), individual telephone stations, groups
or ranges of individual telephone stations, or calls using certain
customer authorization codes, whenever ITP deems it necessary to
take such action to prevent (1) the unlawful use of service; (2)
nonpayment for service; (3) the use of service in violation of this
Agreement; or (4) network blockage or the degradation of service
furnished to you or other customers.
IV. PAYMENT OBLIGATIONS
A. You must provide ITP with a valid credit
card number when the Service is activated. If the credit card
expires, you close your credit card account or your billing address
changes, or the credit card is cancelled and replaced because of
loss or theft, you must advise ITP immediately and replace that credit card with a valid credit
card. A valid credit card or debit card must be on your account at all times.
ITP will automatically process payments for all charges,
including but not limited to: activation fees, any invoices, monthly service
fees, advanced feature charges, equipment purchases, installation of
equipment, wiring, non-returned equipment and shipping and
handling charges. Any charges not included in your plan and any
additional out of plan charges are billed after each billing period. At any
time during a customer's billing cycle, should a customer cancel or
downgrade any plan or service, ITP will not prorate a credit. If
ITP changes its rates, recurring monthly charges affected by such
change will be assessed at the new rate for the full billing period
during which the new recurring charge rate became effective.
B. ITP may terminate your Service at any time
in its sole discretion, if any charge to your credit card on file
with ITP is declined or reversed, your credit card expires and you
have not provided ITP with a valid replacement credit card or in
case of any other non-payment of account charges. Termination of
Service for declined or expired card, reversed charges or
non-payment leaves you fully liable to ITP for all charges accrued
before termination and for all costs incurred by ITP in collecting
such amounts, such as (but not limited to) collection costs and
attorney's fees.
C. You are responsible for payment of all
charges for services furnished to you and anyone authorized by you
to use your service. This responsibility is not changed by virtue of
any use, misuse, or abuse of your service undertaken or caused by
third parties.
D. You must promptly notify ITP of any change
in your invoicing address or, if applicable, in the credit card or
bank account used for payment. You should notify the ITP Customer
Care Department by contacting us at
www.itp2go.com
E. If Customer is on a monthly plan, ITP may
charge customer for services on a monthly basis in advance and all
payments are due and payable by Customer without demand or setoff
within thirty (30) days from the invoice date (the "Due Date").
Amounts not paid within twenty-nine (29) days of the invoice date
will be considered past due. If you make any late payments, and we
bill you for the Services, we will charge you a late fee,
which we apply to that period's charges and any outstanding charges
and late payment charges that remain unpaid at the time of the next
bill.
F. If ITP becomes concerned at any time about
your ability to pay for services, ITP may require that you pay its
charges within a specified number of days and that you make such
payments in cash or the equivalent of cash.
G. If ITP hires a collection agency to collect,
or attempt to collect, any charges owed ITP, you will be liable to ITP for an
additional payment equal to 35% of the charges owed, where permitted
by applicable law. If ITP incurs any fees or expenses, including
attorneys' fees, in collecting, or attempting to collect, any
charges owed ITP other than by hiring a collection agency, you will
be liable to ITP for the payment of all such fees and expenses
reasonably incurred.
H. If billing systems or other support is not
available for a service, feature, surcharge, tax or other charge
element at the time of service provision, ITP will bill for that
service, feature, surcharge, or other charge element as soon as it
is capable of doing so.
I. No Credit Allowances for Interruption of
Service. You acknowledge and agree that the Service is provided "as
is." Credit allowances for interruption of Service, including
international calling services, will not be provided.
J. ITP reserves the right to charge an administrative fee of $25.00 for
each charge customer disputes without first:
a) Contacting ITP's billing department and receiving a confirmation
number
b) Or Sending a certified letter to ITP's billing department and
clearly stating dispute with billing
V. CANCELLATION OF SERVICE
Cancelation is effective on the date we cancel your plan. Annual prepayment plan charges are
not subject to refund. If your service is cancelled before the end of your billing
cycle for any reason by you or us, there are no pro-rated refunds. Charges for any
other features and services "outside your plan" are billed and charged
to your selected payment method after cancellation. If we disconnect your service
for any reason, you will be responsible for all charges through the end of your
current service term, including unbilled charges, plus any applicable disconnection,
Early Termination Fees and any recovery fees. All Charges Owed at the Time of Disconnection
will be Immediately Payable. At the time of disconnection, we will immediately charge
the credit or debit card you have provided to us for payment, for all amounts due
at that time. We will pursue collection for unpaid amounts on disconnected accounts
and may report these unpaid charges to credit bureaus. (See Section IIE for equipment
return)
A. By the Customer
1. All cancellation requests must be made by phone. Returning your equipment to ITP without notifying Customer Care will not terminate your service and you will remain liable for all costs and fees associated with your account.
2. If you cancel your
Service with ITP, you will not be able to use the Device or
Equipment.
3. Cancellation may take up to two business days.
4. Your credit card will be charged for any usage and/or nonreturned equipment after contacting ITP to cancel your
Service.
5. Activation and shipping fees are nonrefundable under any
circumstances. See section II(B). After cancellation,
ITP adapter must be returned. Once ITP receives all equipment,
then account will be credited. See section II(E). No credit
can be issued until all equipment has been
returned.
6. Porting a DID away from ITP does not automatically cancel your account. It is
your responsibility to inform ITP via telephone of such actions
and follow regular cancellation procedures.
7. APP - Uninstalling or non-use of the APP, does not automatically cancel your account. It is your responsibility to inform ITP via telephone of such actions and follow regular cancellation procedures.
B. By ITP
1. ITP reserves the right to discontinue
furnishing services, cancel your account, and/or block your access
to ITP network, without incurring any liability, immediately and
without notice if ITP deems that such action is necessary to prevent
or to protect against fraud or to otherwise protect ITP's personnel, agents,
facilities, or services. Without limitation, ITP may take such
actions if:
a. You refuse to furnish information or furnish
false information that (i) is essential for billing; or (ii)
pertains to your creditworthiness, or your planned use of such
service;
b. You indicate that
you will not comply with a request for security for the payment for
services;
c. Your service usage
charges exceed established parameters based on your history of
usage, which may indicate a likelihood of non-payment or possible
fraud;
d. You have been given
written notice by ITP of any past due amount (which remains unpaid,
in whole or in part) for any of ITP's or an affiliated carrier's service
to which you either subscribe or had subscribed or used;
e. You either refuse
to pay when billed for service or indicate to ITP or an entity
billing on ITP's
behalf that you do not intend to pay for service used by
you;
f. You use, or attempt
to use, service with the intent to avoid the payment, either in
whole or in part, of the charges for the service by (i) using or attempting to
use service by rearranging, tampering with, or making connections to
service in an unauthorized manner; or (ii) using tricks, schemes,
false or invalid numbers, false credit devices, or other fraudulent
means or devices;
g. You act, or fail to
act, in a manner that hinders or frustrates any investigation by ITP
or others having legal authority to investigate your legal
obligations;
h. Your equipment fails to pass back to ITP the appropriate signal to start
and stop billing;
i. You were previously provided with
notice of breach of contract, took corrective action, but thereafter
engage in the same breach activity;
j. You act in a manner
that is threatening, obscene, harassing, or abusive to ITP
personnel; or
k. You act in
violation of sections II. D. or II. E. above.
2. ITP reserves the right to discontinue
furnishing services, cancel your account, and/or block your access
to ITP network, without incurring any liability, immediately upon
written notice to you if:
a. Any charges remain outstanding and
owed by you after the 30th day from the date of the invoice
notifying you of the charges; or
b. You fail to comply
with a request by ITP for security for the payment for services.
3. The discontinuance of service(s) by ITP
pursuant to these provisions does not relieve you of any obligation
to pay ITP for charges due and owing for service(s) furnished up to
the time of discontinuance. ITP may charge you a Disconnect fee if
your service is canceled pursuant to either section V. B. 1. or V. B. 2. above
VI. Enhanced 911 (E911)
A. Non-Availability of Traditional 911
You acknowledge and understand that the Service does NOT support traditional 911.
B. Service Outage:
1. Power Outage
You acknowledge and understand that Enhanced 911
does not function without power. Should there be an interruption in
the power supply, the Service and Enhanced 911 will not function until power is restored. A power failure or
disruption may require the Customer to reset or reconfigure
equipment before using the Enhanced 911 Service.
2. Broadband Service Outage
You acknowledge and understand that service
outages by your broadband provider will prevent ALL Service
including E911.
3. Service Outage
Due to Suspension of Your Account You acknowledge and understand that
service outages due to suspension of your account as a result of
billing issues will prevent ALL Service, including Enhanced 911.
4. Other Service Outages
You acknowledge and understand that if there is
a service outage for ANY reason, such outage will prevent ALL
Service, including Enhanced 911. Such outages
may occur for a variety of reasons, including, but not limited to
those reasons described elsewhere in this Agreement.
5. Limitation of Liability and Indemnification
You acknowledge and understand that ITP's
liability is limited for any Service outage and/or inability to dial
911 from your line or to access emergency
service personnel, as set forth in this document. You agree to
defend, indemnify, and hold harmless ITP, its officers, directors,
employees, affiliates and agents and any other service provider who
furnishes services to Customer in connection with this Agreement or
the Service, from any and all claims, losses, damages, fines,
penalties, costs and expenses (including, without limitation,
reasonable attorneys fees) by, or on behalf of, Customer or any
third party or user of Customer's Service relating to the absence,
failure or outage of the Service, including Enhanced 911
and/or inability of Customer or any third person or
party or user of Customer's Service to be able to dial 911 or to
access emergency service personnel.
C. Failure to Designate the Correct Physical Address for Enhanced 911:
The address which the
Customer indicated on the sign-up information is the address which
is applied to your Service for Enhanced 911.
Should you need to change this address, you must contact ITP
Customer Service immediately to correct this address. It may take up
to three business days to put through a change of address or update
of an address. Failure to provide the current and correct physical
address and location of your ITP equipment will result in any
Emergency Service communication you may make being routed to
the incorrect local emergency service provider.
D. Requires Re-Activation if You Change Your Number:
You acknowledge and understand that Enhanced 911 does not function if
you change your phone number unless and until you have contacted ITP
Customer Service and have been informed by them that your new Enhanced
911 address is re-activated.
Enhanced 911 must be re-activated. Although you
may have activated Enhanced 911 with your
former ITP phone number, you must separately activate Enhanced 911 for any new number.
You acknowledge and understand that Enhanced 911 does not function if you
change your phone number unless and until you have contacted ITP
Customer Service and have been informed by them that your new
Enhanced 911 address is re-activated.
Enhanced 911 must be re-activated. Although you
may have activated Enhanced 911 with your
former ITP phone number, you must separately activate Emergency
Calling Service dialing for any new number.
E. Change of Physical Location of ITP Equipment:
You acknowledge and understand that Enhanced 911 does not function
properly or may not function at all if you take your equipment with
you away from the address or physical location that you have
designated.
F. Requires Re-Activation if You Move:
You acknowledge and understand that Enhanced 911 does not function
properly or at all if you move or change the physical location of
your ITP equipment to a different street address, unless and until
you have successfully contacted ITP Customer Service and received
confirmation from them that your Enhanced 911
is active. Enhanced 911 must be re-activated
although you may have activated Enhanced 911
using your former address, and you must separately activate
Enhanced 911 for any new physical address.
Failure to provide the current and correct physical address and
location of your ITP equipment will result in any Enhanced 911
you may make being routed to the incorrect local
emergency service provider.
G. Possibility of Network Congestion and/or Reduced Speed for Routing Enhanced 911:
You acknowledge and understand that there is a greater possibility of network congestion
and/or reduced speed in the routing of an Enhanced 911
communication made using your ITP Equipment as compared to
traditional 911 dialing over traditional public telephone networks.
You acknowledge and understand that Enhanced 911 from your ITP equipment
will be routed to the general
telephone number for the local emergency service provider, and will
not be routed to the 911 dispatcher(s) who are specifically
designated to receive incoming 911 calls at such local provider's
facilities when such calls are routed using traditional 911 dialing.
You acknowledge and understand that there may be a greater
possibility that the general telephone number for the local
emergency service provider will produce a busy signal or will take
longer to answer, as compared to those 911 calls routed to the 911
dispatcher(s) who are specifically designated to receive incoming
911 calls using traditional 911 dialing.
H. Automated Number Identification:
It is not possible for the Public Safety Answering Point (PSAP) and the local emergency
personnel to identify your phone number when you dial 911 to access
Enhanced 911. ITP's system is configured in most
instances to send the automated number identification information;
however, the phone system routes the traffic to the PSAP and the
PSAP itself must be able to receive the information and pass it
along properly, and they are not yet always technically capable of
doing so. You acknowledge and understand that PSAP and emergency
personnel may or may not be able to identify your phone number to
call you back if the call is unable to be completed, is dropped or
disconnected, or if you are unable to speak to tell them your phone
number and/or if the Service is not operational for any reason,
including without limitation those listed elsewhere in this
Agreement.
I. Automated Location Identification:
It is not possible to transmit identification of the address that you have listed to the
Public Safety Answering Point (PSAP) and local emergency personnel
for your area when you use Enhanced 911. You
acknowledge and understand that you will need to state the nature of
your emergency promptly and clearly, including your location, as
PSAP personnel will NOT have this information. You acknowledge and
understand that PSAP and emergency personnel will not be able to
find your location if the call is unable to be completed, is dropped
or disconnected, if you are unable to speak to tell them your
location and/or if the Service is not operational for any reason,
including without limitation those listed elsewhere in this
Agreement.
J. Alternative Emergency Calling Service Arrangements:
You acknowledge that
ITP does not offer primary line or lifeline services. You should
always have an alternative means of accessing traditional E911
services.
VII. LIABILITY
A. ITP will not be liable for: (i) any failure of
performance due to causes beyond its control, including, but not
limited to, acts of God, fires, floods or other catastrophes;
national emergencies, insurrections, riots or wars, acts of
terrorism, strikes, lockouts, work stoppages or other labor
difficulties; and any law, order, regulation or other action of any
governing authority or agency thereof; or (ii) delayed installation of ITP's facilities, commencement of service or postponement due to shipping issues beyond ITP’s control.
B. With respect to any other factual
allegation, legal claim, or dispute by you or by any others, for
damages associated with the ordering (including the reservation of
any specific number for use with a service), installation (including
delays thereof), provision, termination, maintenance, repair,
interruption, or restoration of any service or facilities offered by
ITP, ITP's liability,
if any, will be limited as follows:
1. With respect to the routing of calls by ITP
to public safety answering points or municipal emergency service
providers, ITP's
liability, if any, will be limited to the lesser of: (a) the actual
monetary damages incurred and proved by you as the direct result of
ITP's action, or
failure to act, in routing the call, or (b) the sum of
$1,000.00.
2. With respect to the provisioning of, or any
error or omission in, data, information, or content furnished in
connection with any service provided by ITP, for example, Directory
Assistance, ITP's
liability will be limited to the lesser of: (a) the amount of actual
money damages proven by you to have been incurred as the proximate
result of your reliance on such data, information, or content; or
(b) $100.00.
3. ITP shall not be liable for any delays or
incompletion or costs or charges pursuant to a delay or incompletion
in local number portability (LNP).
C. IN NO EVENT WILL ITP BE LIABLE TO YOU FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR
PUNITIVE LOSS OR DAMAGE OF ANY KIND, INCLUDING LOST PROFITS (WHETHER
OR NOT ITP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR
DAMAGES) BY REASON OF ANY ACT OR OMISSION IN ITS PERFORMANCE UNDER
THIS AGREEMENT. THIS SECTION SURVIVES TERMINATION OF THIS
AGREEMENT.
D. ITP will be indemnified, defended, and held
harmless by you against all claims of loss or damage arising from
the use of service furnished by ITP, including:
1. Allegations or claims for libel, slander,
invasion of privacy, or infringement of copyright arising out of the
material, data, information, or other content transmitted via ITP
service; and
2. All other allegations and claims arising out
of any intentional act or omission by you or others authorized by
you to use the service, in connection with any service provided by
ITP.
E. ITP MAKES NO EXPRESS OR IMPLIED
REPRESENTATIONS OR WARRANTIES ABOUT ITS SERVICES AND DISCLAIMS ANY
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR USE OR NONINFRINGEMENT.
ITP DOES NOT AUTHORIZE ANYONE TO MAKE A
WARRANTY ON ITP'S BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT OF
WARRANTY AS A WARRANTY BY ITP.
F. ITP will not be liable for any act or
omission of any other company or companies furnishing a portion of
the service, or from any act or omission of a third party, including
those vendors participating in ITP offerings made to you, or for
damages associated with service, or equipment that it does not
furnish, or for damages that result from the operation of customer
provided systems, equipment, facilities or services that are
interconnected with ITP services.
VIII. DISPUTE RESOLUTION
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 OR THROUGH A CLASS ACTION.
A. Binding Arbitration
The arbitration
process established by this section is governed by the Federal
Arbitration Act ("FAA"), 9 U.S.C. Sec. 1-16. Both you and ITP have
the right to take any dispute that qualifies to small claims court
rather than arbitration. All other disputes arising out of or
related to this Agreement (whether based in contract, tort, statute,
fraud, misrepresentation or any other legal or equitable theory)
must be resolved by final and binding arbitration. This includes any
dispute based on any product, service or advertising having a
connection with this Agreement and any dispute not finally resolved
by a small claims court. The arbitration will be conducted by one
arbitrator using the procedures described by this Section. You agree
that the appropriate jurisdiction for the arbitration is the State of
New York and you agree to submit to that jurisdiction. If any
portion of this Dispute Resolution Section is determined to be
unenforceable, then the remainder shall be given full force and
effect. The arbitration of any dispute involving $10,000 or less
shall be conducted in accordance with the Consumer Arbitration Rules
of the American Arbitration Association ("AAA"), as modified by this
Agreement, which are in effect on the date a dispute is submitted to
the AAA. The AAA's Commercial Arbitration Rules and fee schedules
will apply to any disputes in excess of $10,000. You have the right
to be represented by counsel in an arbitration. In conducting the
arbitration and making any award, the arbitrator shall be bound by
and strictly enforce the terms of this Agreement and may not limit,
expand, or otherwise modify its terms. The arbitrator may not award
punitive, exemplary or similar damages. The parties agree that an
award of such damages will be void if issued.
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
NOT EXPRESSLY AUTHORIZED BY THIS AGREEMENT AND MAY NOT AWARD
PUNITIVE DAMAGES OR ATTORNEYS' FEES UNLESS SUCH DAMAGES ARE
EXPRESSLY AUTHORIZED BY A STATUTE. YOU AND ITP BOTH WAIVE ANY CLAIMS
FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS
AGREEMENT.
B. Arbitration Information and Filing
Procedures
Before you take a dispute to arbitration or to
small claims court, you must first contact our Customer Care
Department representative at the customer service number on your ITP
invoice for the Services, or write to us,
and give us an opportunity to resolve the dispute:
You must describe your dispute and provide ITP
with any supporting documentation. Likewise, if ITP has a dispute
with you, it will notify you by letter sent to your billing address
and attempt to resolve it before pursuing arbitration.
ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING
TO THIS AGREEMENT MUST BE BROUGHT WITHIN TWO YEARS AFTER THE DATE
THE BASIS FOR THE CLAIM OR DISPUTE FIRST ARISES.
C. Fees and Expenses of Arbitration
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.
D. 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.
IX. MISCELLANEOUS PROVISIONS
A. Entire Agreement.
These Terms and
Conditions constitute the entire Agreement between you and ITP, and
supersede any and all prior agreements, oral or written, concerning
the subject matter. If there is any inconsistency or conflict
between the terms of any plan, promotion, and/or authorized
written communications you have received and the provisions of this
Agreement, the provisions of this Agreement will control.
B. No Obligation to Assist in Switching
Providers.
If you either
voluntarily cancel
your ITP account or if ITP cancels your service for any reason set
forth above, ITP will have no obligation whatsoever to assist you in
any respect in switching from ITP to another provider.
C. Assignment.
Customers may not
modify or assign this Agreement. In its sole discretion, ITP may
assign this Agreement.
D. 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.
E. Binding Effect.
This Agreement is
binding upon you and ITP and upon, respectively, your and ITP's agents and heirs.
F. Severability.
If any part or
provision of this Agreement is finally determined to be invalid or
unenforceable under applicable law by a court of competent
jurisdiction, then that part or provision will be ineffective only
to the extent of such invalidity or unenforceability, without in any
way affecting the remaining parts or provisions of this Agreement.
G. Governing Law and Forum Selection.
This Agreement is
governed by and construed under the laws of the State of
New
York
and applicable federal law, without regard to its choice
of law principles, except that the arbitration provisions in Section
VII shall be governed by the Federal Arbitration Act. This governing
law provision applies no matter where you reside, or where you use
or pay for the services. You further agree that the appropriate jurisdiction for the arbitration is the State of New York, and you agree to submit yourself and any claim you may have against ITP to jurisdiction in the State of New York.
H. Survival.
Any liability or
obligation of a party to the other party under the provisions of
Sections I, II, IV, V and VII as applicable, will, in each case,
survive cancellation or termination of this Agreement.
I. Headings of No Force or Effect.
Headings in this
Agreement are for reference only and have no effect on the meaning
of any provision.
ITP 2019
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