TERMS AND CONDITIONS OF SERVICE
FollowTel Inc.
This agreement (“Agreement”) is between FollowTel Communications Inc. (“FollowTel”) and an end user (“you,” or “Customer”) of FollowTel’s communications services and any IP telephone, analog telephone adapter or any other IP connection device or related products or services (“Service”). All Services are governed by the terms and conditions of this Agreement.
ADDITIONAL OR CONFLICTING TERMS AND CONDITIONS ON ANY DOCUMENT RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT ARE HEREBY REPLACED BY THIS AGREEMENT.
The rates and charges for the Service, which may be found at www.FollowTel.com, are effective as of Dec, 1, 2009 and are subject to change. For your most current rates and charges, the most current version of the Agreement, or if you have questions about your services, please visit our website at www.FollowTel.com.
Term
Service is offered on a annually (monthly) basis beginning on the date Customer activates service and continues for the duration of that calendar month. The Service is automatically renewed unless Customer provides FollowTel notification of intent to terminate the Service not less than thirty (30) days prior to effective date of termination as set forth in Section 7 below.
Emergency Services – 911 Calling
The safety and security of customers is of the utmost importance to FollowTel. FollowTel is happy to announce that it now offers 911 Emergency Calling Services to its customers. However, FollowTel’s Emergency Calling Services are VoIP based services, and therefore, are subject to certain limitations and outage factors that are different from traditional 911 accesses. It is important that you read, understand and inform all residents and guests of these important limitations.
CUSTOMER ACKNOWLEDGES THAT THE SERVICES DO NOT SUPPORT TRADITIONAL 911 ACCESS TO EMERGENCY SERVICES. WHERE AVAILABLE, FOLLOWTEL SERVICES DO INCLUDE E911 ACCESS TO EMERGENCY SERVICES, AND IN GEOGRAPHICAL AREAS WHERE E911 IS NOT AVAILABLE, FOLLOWTEL SERVICES INCLUDE EMERGENCY CALLING. WHERE E911 IS AVAILABLE, A 911 CALL IS ROUTED DIRECTLY TO 911 DISPATCHERS. WHERE E911 IS NOT AVAILABLE, 911 CALLS ARE ROUTED TO GENERAL EMERGENCY TELEPHONE NUMBERS AND THE CALLER MAY BE REQUIRED TO VERBALLY STATE HIS OR HER ADDRESS. THE CALL IS THEN ROUTED TO THE APPROPRIATE EMERGENCY SERVICE DISPATCHER. FOLLOWTEL ADVISES CUSTOMER TO MAINTAIN OR ACQUIRE AN ALTERNATIVE MEANS OF ACCESSING 911 SERVICES. YOU AGREE TO ADVISE ALL HOUSEHOLD RESIDENTS, GUESTS AND OTHER PERSONS WHO MAY BE PRESENT AT THE PHYSICAL LOCATION WHERE YOU UTILIZE THE SERVICE OF EACH OF THE LIMITATION OF THE FOLLOWTEL EMERGENCY CALLING SERVICE AND OF AN ALTERNATIVE MEANS OF 911 CALLING.
IMPORTANT EMERGENCY CALLING LIMITATIONS:Customer understands and acknowledges that the FollowTel emergency calling feature cannot be used in conjunction with an FollowTel “Virtual Telephone Number”. An FollowTel Virtual Telephone Number is assigned to each customer. These Virtual Telephone Numbers are NOT loaded into national emergency databases and will not function to access emergency services. All customers must purchase a Public Switched Telephone Network (PSTN) traditional telephone number from FollowTel in order to access FollowTel Emergency Services. Customer further acknowledges that FollowTel Services do not function without calling services including home security systems, medical monitoring equipment, fax machines or satellite television systems.
REGISTRATION OF PHYSICAL LOCATION REQUIRED: For each PSTN phone number that you use for the Services, you must provide the physical location where you will be using the Service. When you move the Equipment (Equipment refers to the FollowTel Adapter sent to you by FollowTel), you must register your new physical location with FollowTel. All 911 calls are directed to emergency responders based upon the address you register with FollowTel. If you move the Equipment and do not register the new physical location, emergency responders will be dispatched to your previous physical address.
SERVICE OUTAGES; BROADBAND OUTAGES; CONGESTION; AND SERVICE INTERRUPTION: FollowTel emergency calling services will not function in the event of a power outage or other interruption to your electricity service until the power supply is fully restored. Following a power disruption, you may need to reset your Equipment before the FollowTel Service, including the emergency calling service will function properly. Service outages or suspensions or terminations of service by your broadband provider or ISP will prevent the Service, including the FollowTel emergency calling service from functioning. Any interruption in your internet access will prevent you from placing 911 calls during the interruption. Broadband phone service is inherently subject to more network congestion and reduced speed in the routing of 911 calls than traditional 911 calling over traditional public telephone networks. In the event that your FollowTel account is suspended or terminated for any reason, your FollowTel Service, including FollowTel emergency calling service will not function.
DISCLAIMER OF LIABILITY AND INDEMNIFICATION: FollowTel does not control how 911 calls are answered or handled by any local emergency response center. FollowTel disclaims all responsibility for the actions and conduct of any and all national and local emergency response centers. FollowTel relies entirely upon third parties to route 911 calls to local and national emergency response centers. FollowTel disclaims any and all liability or responsibility in the event such third party data used to route the call is incorrect or produces an erroneous result. Neither FollowTel nor its office , directors or employees may be held liable for any claim, damage or loss and you hereby waive any and all such claims or causes of action arising from or related to the Services unless such claims arose from FollowTel’s gross negligence, recklessness or willful misconduct. You, on your own behalf and on behalf of any third party, hereby agree to defend, indemnify and hold harmless FollowTel, its officers, directors, employees and agents from and against any and all claims, losses, damages, fines, penalties, costs and expenses (including attorneys’ fees) relating to the absence, failure or outage of the Service, including the FollowTel emergency calling service or access to emergency service personnel.
UNDERSTANDING, ACKNOWLEDGEMENT AND ALTERNATIVE 911 SERVICE: You hereby acknowledge your understanding of the limitations of the FollowTel emergency calling services described above. In the event that you are not completely comfortable with the limitations of the Service, including the FollowTel emergency calling service, you should immediately take action to acquire an alternative means to access 911 services or you should immediately terminate the Services.
Equipment and Devices
To provide Services, FollowTel may provide equipment or IP devices to Customer (“Equipment”). All shipments are F.O.B. FollowTel’s facilities. You shall be the owner of the Equipment, and bear all risk of loss for theft, casualty, or damage to the Equipment from the time it is shipped to you until the time (if applicable) that it is returned by you and accepted by FollowTel as described in Sections 4 and 8 below. Customer agrees not to change any serial number or Equipment identifier, or to alter any Equipment without the express written consent of FollowTel. FollowTel reserves the right to terminate Customer’s service should you tamper with the Equipment and you will be responsible for all charges in the then current service period plus an Early Termination Fee. There are not equipment deposit when signing up, but if FollowTel does not receive return equipments within 15 days after cancellation date, a $60.00 penalty will be charged.
Money Back Guarantee – Trial Period – Cancellation Policy
FollowTel offers a thirty (30) day trial period (“Trial Period”) to new Customers for their first FollowTel account. The Trial Period commences on the “Activation Date”. The Activation Date is the first to occur of the date that is seven (7) days after the date customer signs up for FollowTel Service or the date Customer places the first call on the FollowTel Service, whichever comes first. If Customer is not satisfied with the Service, Customer may terminate the FollowTel Service at any time during the Trial Period and obtain a refund of the activation charges and monthly service fees. The Trial Period refund does not apply to toll usage (charges for calls to any country or region that is not included in an unlimited calling plans selected by Customer) or any local, state or federal taxes charged to Customer. To obtain a Trial Period refund, Customer must: (a) Call FollowTel within thirty (30) days of the Activation Date at 1-647-476-4243
and obtain an Equipment return authorization and return address from FollowTel’s customer care department, and (b) Mail the Equipment to FollowTel within seven (7) days after calling to terminate service (parcel must be post marked within the seven (7) day period) in its original condition including, all packing materials with bar codes intact, all parts and accessories, documentation and manuals and all other items originally shipped to Customer. Equipment returned to our local offices will not be processed. If FollowTel does not receive the returned Equipment within fifteen (15) days after the termination date, no refunds will be made to Customer, the Equipment Deposit of $60.00 will not be refunded to Customer .Upon receipt of the Equipment by FollowTel, the amount of the Trial Period refund will be calculated based on the usage by Customer during the Trial Period as follows: (a) Customers using fewer than 500 minutes during the Trial Period will receive a refund of Activation Fee if applicable; plus the full amount of the Monthly fees previously charged to customer’s credit card. The Shipping and Handling Fee is not refundable, and (b) Customers using 500 or more minutes during the Trial Period will receive a refund of Activation Fee if applicable; the Shipping and Handling fee is not refundable. No monthly fee is refunded to Customers using 500 or more minutes prior to termination. No charges for toll calls are refunded to any customer at any time. Early Termination fees do not apply if Customer terminates service during the Trial Period and all conditions of this Section 4 are satisfied. Early Termination fees do not apply if Customer terminates a non contract plan at any time and all conditions of this Section 4 are satisfied.
Our money back guarantee does not apply to any charges for international usage, payphone calls to FollowTel 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.
Service – Usage
Unless Customer purchases FollowTel Small Business Plan, Customer acknowledges that he or she has purchased residential services under one of FollowTel’s plan offerings (“Plan”) for Customer’s personal, residential, non-business and non-professional use. Customer agrees that the Services are not intended for any commercial or governmental activities, including without limitation to home office, business, sales, tele-commuting, telemarketing, auto calling, fax broadcast, fax blasting or any other activity that would be inconsistent with residential use. FollowTel reserves the right to terminate service to any Customer who uses a residential plan primarily for business purposes. Unlimited calling and other services are subject to normal use.
Customer agrees to use the Service and Equipment only for lawful purposes.
Customer agrees not to use the Services for any communication of any kind which in FollowTel’s sole discretion would constitute as a criminal offense or otherwise constitute a violation of any local, state, federal or international law or encourage conduct which would violate any such law.
Customer may not resell or transfer the Services or the Equipment to any other person without the prior written consent of FollowTel, which consent may be withheld in FollowTel’s sole discretion.
Customer understands and agrees that the Service is not a telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the Service offering by FollowTel. The Service is subject to different regulations than telephone service. This treatment may limit or otherwise affect your rights to redress before Federal or State agencies.
Unauthorized Usage of Device; Firmware or Software.
Except as stated for Business Plus customers, 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 non transferable, 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.
Inconsistent with Normal Use.
If you use the service, any feature or the device in a way that is inconsistent with the normal use for your service, feature or plan, you will be required, at FollowTel’s sole discretion, to pay the rates for the service, feature or plan that would apply to the way you used the service, feature or device, or terminate the plan. For example, if you subscribe to one of our residential service plans, and your usage is inconsistent with normal residential use, you may thereafter be required to pay our applicable, higher rates for commercial service for all periods in which your use of our service or the device was inconsistent with normal residential use. Unlimited voice services are provided primarily for continuous live dialog between two individuals. Lack of continuous dialog activity, unusual call patterns, excessive conferencing or call forwarding, excessive numbers and/or consistent excessive usage (which may also apply to features such as Directory Assistance) will be considered indicators that use may be inconsistent with normal use, or that impermissible use may be occurring and may trigger an account review or further action by us. We may determine inconsistent use based on material deviations from the usage patterns and levels of most of our customers using the same and/or similar service plans, features or devices. Failure to contact FollowTel in response to its notifications and/or failure to promptly correct usage activity to conform to normal use will result, in FollowTel’s sole discretion, in immediate mandatory transfer to another appropriate plan (which may be higher in cost), suspension or termination of service. You acknowledge that if your service is terminated under this provision, you are subject to all applicable disconnection and recovery charges. FollowTel’s right to terminate your account under bellow conditions (with or no reason) is not limited by this provision.
Commercial, not-for profit, governmental use or other similar use
The use of the service at a multi-residential address for more than one single residence; or
The use of the service by others who do not reside in your personal residence primarily by reason of its unlimited feature
Commercial, not-for profit, governmental use or other similar use
The use of the service at a multi-residential address for more than one single residence; or
The use of the service by others who do not reside in your personal residence primarily by reason of its unlimited feature
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.
Number transfer (LNP)
Transferring any number from different service provider to Followtel (PORT Service) will cost the customer $35.00 + applicable taxes for each individual DID (Phone/ Fax Number), Followtel only port customer old number(s) if it requested by customer. Customer has to proof that he/she is the account holder of the exact number(s) in other service provider. By providing the account number or copy of the bill from other service provider that host the customer number, customer agrees and lets the Followtel to port the number. Customer also agrees to pay all the cost for porting the number. If customer port any number to Followtel still held responsible for all the amount they owe to other provider for that number, also they are responsible for any amount other provider claim they owe regarding to the contract they may have or breaking the contract or not providing the notice or any other claim made by their provider because of their action.
After porting process start all rules regularly apply to Telephone Number provide to customer by Followtel, will apply to port number(s). after sending port request, During the port process or after the number(s) port, if customer decided to cancel the port and/or return the number to old provider or transfer it to different provider up to 1 year since the number ported to followtel, they have to pay $50.00 cancellation fee plus minimum of $35.00 port cost for each individual DID ( Phone/fax Number ) and all other charges that may apply by their provider, followtel or third party. Followtel can refuse any port request to Followtel or from Followtel to other service provider.
Billing, Charges and Payment
Credit Card Payment. Upon purchase, Customer must provide FollowTel a valid credit card number from an accepted issuer (see FollowTel’s website for accepted issuers). Customer authorizes FollowTel to charge the credit card number (“Credit Card”) for all charges arising from Customer’s use of the Services. Customer shall notify FollowTel of any change to the Credit Card information including, without limitation, changes in account number, expiration date and billing address.
Invoicing. FollowTel will provide Customer with a annually on-line invoice for Services and bill all charges invoiced to Customer’s account to the Credit Card. Charges shall include, Equipment purchases, monthly service fees, usage fees, shipping charges, Early Termination Fees, toll charges, taxes and all other applicable charges. Monthly service fees are paid in advance of each month’s Service. Toll charges and other applicable charges are billed at the end of each service month. Deposits, if applicable, are charged at the time of purchase and are invoiced whenever the deposit is reduced by usage to $6.00 Canadian dollars. FollowTel reserves the right to charge Customer’s Credit Card at any time during a service month if Customer’s toll charges exceed $24.00 Canadian dollors. Billing for monthly service fees, deposits and other applicable charges commences upon purchase of Services, and the first month’s monthly service fees will be prorated to take into account any partial month of Service. Activation occurs when Customer’s Equipment is registered to FollowTel’s systems (“Activation”).
Toll Charges. All calls to or from Equipment using the Services that originates or terminates in the Public Switched Telephone Network (“PSTN”) is subject to the then applicable toll charges that are associated with the service plan Customer has selected. All calls to destinations outside the United States to a party that is not an FollowTel Customer will be charged at the then current international rates published on FollowTel’s website. The duration of each call will be calculated in one minute increments.
Telephone Numbers. Any telephone number provided to Customer by FollowTel shall be leased and not sold. Customer may not use such number with any other devise other than the Equipment with the express prior written consent of FollowTel. FollowTel reserves the right to change, cancel or move the number in its sole discretion. The availability of all Overseas DID numbers is subject to and dependent upon the network facilities and regulatory environment in Overseas. FollowTel cannot guarantee connection to any Overseas DID from all cities and regions in Overseas. FollowTel further cannot guarantee uninterrupted service on Overseas DIDs.
Billing Disputes. Customer must dispute any charges for the Services within thirty (30) days of receipt of the annually on-line invoice. Customer understands and agrees that Customer’s failure to dispute any charges with the thirty (30) day time period constitutes a waiver of all claims to any dispute.
Late Payment – Non-Payment. If any charges for Services are due but unpaid for any reason including, without limitation, non-payment or declined Credit Card charges, FollowTel may suspend or terminate the Services and all accrued charges shall immediately be due and payable, to include a late fee of the lesser of 1.5% or the maximum allowed by law. If charges cannot be processed to the Credit Card, Customer will be charged a fee of ten dollars ($10.00). Neither suspension nor termination shall relieve Customer from the obligation to pay all amounts owing under this Agreement.
Automatic Renewal of Global Annual Plans. On or about the Anniversary Date of any Global Annual Plan the plan will be automatically renewed for an additional one year term by charging Customers credit card of record, unless not less than thirty (30) days prior to the Anniversary Date, Customer provides FollowTel notice of Customer’s desire to cancel service or change to a different calling plan or payment plan.
Applicable Regulatory Fees and Charges. Federal, provincial, municipal and local governments may access regulatory fees, emergency calling charges, surcharges and taxes on your FollowTel service. These charges may be a flat fee or a percentage of your FollowTel charges and may change from time to time without notice. You are responsible for all such applicable fees and taxes now in force or enacted in the future, that arise from your subscription for FollowTel services. Such charges are in addition to your FollowTel service charges and will be billed to your account according to the plan or payment method you have selected. No such fees or charges shall be included in any refund under this Agreement.
Credits. Customer acknowledges and agrees that the Services are provided “as is, where is”. No credit allowances shall be made for interruption of Service.
Promotions. FollowTel may, in its sole discretion, from time to time offer promotions or discounts on fees. Customer must enter any promotion or discount codes upon initial purchase of the Services.
Termination of Service
FollowTel reserves the right to suspend or discontinue providing the Service or Customer’s Service at any time in its sole discretion. If the Service is terminated by FollowTel in its sole discretion and for any reason other than a breach or action of Customer, you will be liable for all charges accrued through the date of termination. If the Service is terminated as a result of a breach or other action of Customer, you will be liable for the entire month in which the termination occurs, unbilled charges and an Early Termination Fee as set forth in Section 8 below and all such charges shall be immediately due and payable.
Customer agrees to provide FollowTel thirty (30) days notice of Customers intent to terminate services. Customer shall be responsible for the full monthly service fee for the month in which notice of termination is received. An Early Termination Fee may apply to termination as set forth in Section 8 below.
Early Termination Fee
If Customer terminates the Service within twelve (12) months after the Activation Date and after expiration of the Trial Period, FollowTel shall charge an Early Termination Fee to Customer’s credit card in the amount of sixty nine dollars and ninety nine cents ($69.99). The Early Termination Fee shall be waived after Customer utilizes the Service for twelve (12) consecutive months after Activation Date. All Customers that terminate the FollowTel Service will be charged on their credit card for the Equipment unless Customer takes the following actions: (a) Call FollowTel at 1-647-476-4243to terminate the FollowTel Service and obtain an Equipment return authorization from FollowTel’s customer care department, and (b) Mail the Equipment to FollowTel within seven (7) days after calling to terminate service (parcel must be post marked within the seven (7) day period) in its original condition including, all packing materials with bar codes intact, all parts and accessories, documentation and manuals and all other items originally shipped to Customer .Equipment returned to our local offices will not be processed. If FollowTel does not receive the returned Equipment within fifteen (15) days after the termination date, the Equipment Deposit of $60.00 will not be credited to Customer.
Charges for Changes in Plans
FollowTel will charge Customer’s credit card a Plan Change Fee in the amount of $19.99 if Customer chooses to change Plan from any plan with a Monthly Fee of $10.00 or more per month to any plan with a Monthly Fee less than $10.00 per month.
Changes to the Agreement, Services or Plan
FollowTel reserves the right to change the Agreement, Services or Plan at any time (“Change”). Changes will be posted on FollowTel’s website thirty days before the effective date of the Change. Notice is deemed received by Customer and Changes will be binding on Customer on the date such Change(s) is posted on the website. Customer is deemed to have accepted the Change(s) unless Customer terminates the Service prior to the effective date of the Change or uses the Service after the effective date of the Change. If Customer elects to terminate the Services, Customer will be liable for all amounts due and a early termination fee, if applicable. Customer may, at any time, request a change of Plan subject to charges associated with such change of Plan. FollowTel may reduce its prices for Services or Plans without prior notice to Customer.
Technical Support
FollowTel provides technical support for Services and Equipment described in this Agreement during its normal business hours.
Limitation of Liability, Warranty and Indemnification
DISCLAIMER OF DAMGAES. FOLLOWTEL SHALL NOT, IN ANY EVENT OR CIRCUMSTANCE, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, LOSS OF DATA OR CONTENT, OR ARISING OUT OF 911 OR OTHER EMERGENCY CALLING IN CONNECTIONS WITH CUSTOMER’S USE OF THE SERVICES OR EQUIPMENT PROVIDED UNDER THIS AGREEMENT.
FOLLOWTEL MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY ABOUT ITS SERVICES OR EQUIPMENT AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OR IMPLIED WARRANTIES OF MECHANTABILITY OR FITNESS FOR A PARTICLUAR PURPOSE OR USE. FOLLOWTEL HAS NOT AUTHORIZED ANY PERSON OR ENTITY TO MAKE WARRANTIES ON ITS BEHALF AND CUSTOMER MAY NOT RELY ON ANY STATEMENT AS A WARRANTY BY FOLLOWTEL.
Liability. FollowTel will not be liable for any failure of performance due to any causes beyond its control or for any power outage, internet interruption, Equipment failure, delay in installation, activation or commencement of Service. With respect to any other legal claim or dispute, FollowTel’s liability shall be limited to the lesser of actual damages or one thousand dollars $1,000. FollowTel will not be liable for any act or omission by any other person or entity furnishing services or products related to the Services or Equipment or for damages associated with service or equipment that FollowTel does not provide.
Indemnification. Customer hereby agrees to indemnify and hold harmless FollowTel and its officers, directors, shareholders and affiliates from and against any and all claims, damages and/or liability arising out of the Services or Equipment, including, without limitation, claims for libel, slander, invasion of privacy or infringement of copyright arising out of material, data or information transmitted via the Services and claims arising out of any intentional act or omission by Customer or others authorized by Customer to use the Service.
Governing Law and Dispute Resolution
Governing Law. This Agreement shall be governed by the laws of the State of Texas without regard to conflict of law provisions of any other state or jurisdiction. Customer hereby consents to exclusive personal and subject matter jurisdiction of the courts of the State of Texas.
Mandatory and Binding Arbitration. All claims or disputes between Customer and FollowTel arising in any way whatsoever out of the Services or the Equipment shall be resolved by binding and final arbitration by a single arbitrator. The American Arbitration Association shall administer the arbitration under the Commercial Arbitration Rules. The arbitration shall be conducted in Austin, Texas in English language. No arbitrator may award relief outside the limits set herein. Customer agrees that all claims shall be in Customer’s individual capacity and that Customer will not commence or join any class or consolidate Customer’s claim with the claims of any person or persons. Customer hereby waives any right to a jury trial.
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.
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, TTY, medical monitoring equipment, certain versions of TIV, satellite television systems, PBX, Centrex, other private telephone networks, or computer modems. You waive any claim against FollowTel for interference with or disruption of these services and equipment, as well as any claim that FollowTel is responsible for any disruption to your business, if applicable.
Copyrights
All software utilized or provided by FollowTel in connection with the Services or Equipment shall be and at all times remain sole property of FollowTel and are protected by copyright laws and international treaties.
Force Majeure
FollowTel shall not be liable for any delay in performance caused by acts of God, natural disasters, accidents, strikes, riots, war, government actions, equipment or power failures or any other cause beyond its control.
Assignment
Customer may not assign or transfer this Agreement or its obligations hereunder in whole or in part. FollowTel may assign this Agreement at in time and in its sole discretion.
Entire Agreement
This Agreement constitutes the entire understanding and agreement between FollowTel and Customer and supercedes all prior written or oral agreements related in any way to the subject matter hereof.
FollowTel Inc.
This agreement (“Agreement”) is between FollowTel Communications Inc. (“FollowTel”) and an end user (“you,” or “Customer”) of FollowTel’s communications services and any IP telephone, analog telephone adapter or any other IP connection device or related products or services (“Service”). All Services are governed by the terms and conditions of this Agreement.
ADDITIONAL OR CONFLICTING TERMS AND CONDITIONS ON ANY DOCUMENT RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT ARE HEREBY REPLACED BY THIS AGREEMENT.
The rates and charges for the Service, which may be found at www.FollowTel.com, are effective as of Dec, 1, 2009 and are subject to change. For your most current rates and charges, the most current version of the Agreement, or if you have questions about your services, please visit our website at www.FollowTel.com.
Term
Service is offered on a annually (monthly) basis beginning on the date Customer activates service and continues for the duration of that calendar month. The Service is automatically renewed unless Customer provides FollowTel notification of intent to terminate the Service not less than thirty (30) days prior to effective date of termination as set forth in Section 7 below.
Emergency Services – 911 Calling
The safety and security of customers is of the utmost importance to FollowTel. FollowTel is happy to announce that it now offers 911 Emergency Calling Services to its customers. However, FollowTel’s Emergency Calling Services are VoIP based services, and therefore, are subject to certain limitations and outage factors that are different from traditional 911 accesses. It is important that you read, understand and inform all residents and guests of these important limitations.
CUSTOMER ACKNOWLEDGES THAT THE SERVICES DO NOT SUPPORT TRADITIONAL 911 ACCESS TO EMERGENCY SERVICES. WHERE AVAILABLE, FOLLOWTEL SERVICES DO INCLUDE E911 ACCESS TO EMERGENCY SERVICES, AND IN GEOGRAPHICAL AREAS WHERE E911 IS NOT AVAILABLE, FOLLOWTEL SERVICES INCLUDE EMERGENCY CALLING. WHERE E911 IS AVAILABLE, A 911 CALL IS ROUTED DIRECTLY TO 911 DISPATCHERS. WHERE E911 IS NOT AVAILABLE, 911 CALLS ARE ROUTED TO GENERAL EMERGENCY TELEPHONE NUMBERS AND THE CALLER MAY BE REQUIRED TO VERBALLY STATE HIS OR HER ADDRESS. THE CALL IS THEN ROUTED TO THE APPROPRIATE EMERGENCY SERVICE DISPATCHER. FOLLOWTEL ADVISES CUSTOMER TO MAINTAIN OR ACQUIRE AN ALTERNATIVE MEANS OF ACCESSING 911 SERVICES. YOU AGREE TO ADVISE ALL HOUSEHOLD RESIDENTS, GUESTS AND OTHER PERSONS WHO MAY BE PRESENT AT THE PHYSICAL LOCATION WHERE YOU UTILIZE THE SERVICE OF EACH OF THE LIMITATION OF THE FOLLOWTEL EMERGENCY CALLING SERVICE AND OF AN ALTERNATIVE MEANS OF 911 CALLING.
IMPORTANT EMERGENCY CALLING LIMITATIONS:Customer understands and acknowledges that the FollowTel emergency calling feature cannot be used in conjunction with an FollowTel “Virtual Telephone Number”. An FollowTel Virtual Telephone Number is assigned to each customer. These Virtual Telephone Numbers are NOT loaded into national emergency databases and will not function to access emergency services. All customers must purchase a Public Switched Telephone Network (PSTN) traditional telephone number from FollowTel in order to access FollowTel Emergency Services. Customer further acknowledges that FollowTel Services do not function without calling services including home security systems, medical monitoring equipment, fax machines or satellite television systems.
REGISTRATION OF PHYSICAL LOCATION REQUIRED: For each PSTN phone number that you use for the Services, you must provide the physical location where you will be using the Service. When you move the Equipment (Equipment refers to the FollowTel Adapter sent to you by FollowTel), you must register your new physical location with FollowTel. All 911 calls are directed to emergency responders based upon the address you register with FollowTel. If you move the Equipment and do not register the new physical location, emergency responders will be dispatched to your previous physical address.
SERVICE OUTAGES; BROADBAND OUTAGES; CONGESTION; AND SERVICE INTERRUPTION: FollowTel emergency calling services will not function in the event of a power outage or other interruption to your electricity service until the power supply is fully restored. Following a power disruption, you may need to reset your Equipment before the FollowTel Service, including the emergency calling service will function properly. Service outages or suspensions or terminations of service by your broadband provider or ISP will prevent the Service, including the FollowTel emergency calling service from functioning. Any interruption in your internet access will prevent you from placing 911 calls during the interruption. Broadband phone service is inherently subject to more network congestion and reduced speed in the routing of 911 calls than traditional 911 calling over traditional public telephone networks. In the event that your FollowTel account is suspended or terminated for any reason, your FollowTel Service, including FollowTel emergency calling service will not function.
DISCLAIMER OF LIABILITY AND INDEMNIFICATION: FollowTel does not control how 911 calls are answered or handled by any local emergency response center. FollowTel disclaims all responsibility for the actions and conduct of any and all national and local emergency response centers. FollowTel relies entirely upon third parties to route 911 calls to local and national emergency response centers. FollowTel disclaims any and all liability or responsibility in the event such third party data used to route the call is incorrect or produces an erroneous result. Neither FollowTel nor its office , directors or employees may be held liable for any claim, damage or loss and you hereby waive any and all such claims or causes of action arising from or related to the Services unless such claims arose from FollowTel’s gross negligence, recklessness or willful misconduct. You, on your own behalf and on behalf of any third party, hereby agree to defend, indemnify and hold harmless FollowTel, its officers, directors, employees and agents from and against any and all claims, losses, damages, fines, penalties, costs and expenses (including attorneys’ fees) relating to the absence, failure or outage of the Service, including the FollowTel emergency calling service or access to emergency service personnel.
UNDERSTANDING, ACKNOWLEDGEMENT AND ALTERNATIVE 911 SERVICE: You hereby acknowledge your understanding of the limitations of the FollowTel emergency calling services described above. In the event that you are not completely comfortable with the limitations of the Service, including the FollowTel emergency calling service, you should immediately take action to acquire an alternative means to access 911 services or you should immediately terminate the Services.
Equipment and Devices
To provide Services, FollowTel may provide equipment or IP devices to Customer (“Equipment”). All shipments are F.O.B. FollowTel’s facilities. You shall be the owner of the Equipment, and bear all risk of loss for theft, casualty, or damage to the Equipment from the time it is shipped to you until the time (if applicable) that it is returned by you and accepted by FollowTel as described in Sections 4 and 8 below. Customer agrees not to change any serial number or Equipment identifier, or to alter any Equipment without the express written consent of FollowTel. FollowTel reserves the right to terminate Customer’s service should you tamper with the Equipment and you will be responsible for all charges in the then current service period plus an Early Termination Fee. There are not equipment deposit when signing up, but if FollowTel does not receive return equipments within 15 days after cancellation date, a $60.00 penalty will be charged.
Money Back Guarantee – Trial Period – Cancellation Policy
FollowTel offers a thirty (30) day trial period (“Trial Period”) to new Customers for their first FollowTel account. The Trial Period commences on the “Activation Date”. The Activation Date is the first to occur of the date that is seven (7) days after the date customer signs up for FollowTel Service or the date Customer places the first call on the FollowTel Service, whichever comes first. If Customer is not satisfied with the Service, Customer may terminate the FollowTel Service at any time during the Trial Period and obtain a refund of the activation charges and monthly service fees. The Trial Period refund does not apply to toll usage (charges for calls to any country or region that is not included in an unlimited calling plans selected by Customer) or any local, state or federal taxes charged to Customer. To obtain a Trial Period refund, Customer must: (a) Call FollowTel within thirty (30) days of the Activation Date at 1-647-476-4243
and obtain an Equipment return authorization and return address from FollowTel’s customer care department, and (b) Mail the Equipment to FollowTel within seven (7) days after calling to terminate service (parcel must be post marked within the seven (7) day period) in its original condition including, all packing materials with bar codes intact, all parts and accessories, documentation and manuals and all other items originally shipped to Customer. Equipment returned to our local offices will not be processed. If FollowTel does not receive the returned Equipment within fifteen (15) days after the termination date, no refunds will be made to Customer, the Equipment Deposit of $60.00 will not be refunded to Customer .Upon receipt of the Equipment by FollowTel, the amount of the Trial Period refund will be calculated based on the usage by Customer during the Trial Period as follows: (a) Customers using fewer than 500 minutes during the Trial Period will receive a refund of Activation Fee if applicable; plus the full amount of the Monthly fees previously charged to customer’s credit card. The Shipping and Handling Fee is not refundable, and (b) Customers using 500 or more minutes during the Trial Period will receive a refund of Activation Fee if applicable; the Shipping and Handling fee is not refundable. No monthly fee is refunded to Customers using 500 or more minutes prior to termination. No charges for toll calls are refunded to any customer at any time. Early Termination fees do not apply if Customer terminates service during the Trial Period and all conditions of this Section 4 are satisfied. Early Termination fees do not apply if Customer terminates a non contract plan at any time and all conditions of this Section 4 are satisfied.
Our money back guarantee does not apply to any charges for international usage, payphone calls to FollowTel 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.
Service – Usage
Unless Customer purchases FollowTel Small Business Plan, Customer acknowledges that he or she has purchased residential services under one of FollowTel’s plan offerings (“Plan”) for Customer’s personal, residential, non-business and non-professional use. Customer agrees that the Services are not intended for any commercial or governmental activities, including without limitation to home office, business, sales, tele-commuting, telemarketing, auto calling, fax broadcast, fax blasting or any other activity that would be inconsistent with residential use. FollowTel reserves the right to terminate service to any Customer who uses a residential plan primarily for business purposes. Unlimited calling and other services are subject to normal use.
Customer agrees to use the Service and Equipment only for lawful purposes.
Customer agrees not to use the Services for any communication of any kind which in FollowTel’s sole discretion would constitute as a criminal offense or otherwise constitute a violation of any local, state, federal or international law or encourage conduct which would violate any such law.
Customer may not resell or transfer the Services or the Equipment to any other person without the prior written consent of FollowTel, which consent may be withheld in FollowTel’s sole discretion.
Customer understands and agrees that the Service is not a telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the Service offering by FollowTel. The Service is subject to different regulations than telephone service. This treatment may limit or otherwise affect your rights to redress before Federal or State agencies.
Unauthorized Usage of Device; Firmware or Software.
Except as stated for Business Plus customers, 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 non transferable, 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.
Inconsistent with Normal Use.
If you use the service, any feature or the device in a way that is inconsistent with the normal use for your service, feature or plan, you will be required, at FollowTel’s sole discretion, to pay the rates for the service, feature or plan that would apply to the way you used the service, feature or device, or terminate the plan. For example, if you subscribe to one of our residential service plans, and your usage is inconsistent with normal residential use, you may thereafter be required to pay our applicable, higher rates for commercial service for all periods in which your use of our service or the device was inconsistent with normal residential use. Unlimited voice services are provided primarily for continuous live dialog between two individuals. Lack of continuous dialog activity, unusual call patterns, excessive conferencing or call forwarding, excessive numbers and/or consistent excessive usage (which may also apply to features such as Directory Assistance) will be considered indicators that use may be inconsistent with normal use, or that impermissible use may be occurring and may trigger an account review or further action by us. We may determine inconsistent use based on material deviations from the usage patterns and levels of most of our customers using the same and/or similar service plans, features or devices. Failure to contact FollowTel in response to its notifications and/or failure to promptly correct usage activity to conform to normal use will result, in FollowTel’s sole discretion, in immediate mandatory transfer to another appropriate plan (which may be higher in cost), suspension or termination of service. You acknowledge that if your service is terminated under this provision, you are subject to all applicable disconnection and recovery charges. FollowTel’s right to terminate your account under bellow conditions (with or no reason) is not limited by this provision.
Commercial, not-for profit, governmental use or other similar use
The use of the service at a multi-residential address for more than one single residence; or
The use of the service by others who do not reside in your personal residence primarily by reason of its unlimited feature
Commercial, not-for profit, governmental use or other similar use
The use of the service at a multi-residential address for more than one single residence; or
The use of the service by others who do not reside in your personal residence primarily by reason of its unlimited feature
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.
Number transfer (LNP)
Transferring any number from different service provider to Followtel (PORT Service) will cost the customer $35.00 + applicable taxes for each individual DID (Phone/ Fax Number), Followtel only port customer old number(s) if it requested by customer. Customer has to proof that he/she is the account holder of the exact number(s) in other service provider. By providing the account number or copy of the bill from other service provider that host the customer number, customer agrees and lets the Followtel to port the number. Customer also agrees to pay all the cost for porting the number. If customer port any number to Followtel still held responsible for all the amount they owe to other provider for that number, also they are responsible for any amount other provider claim they owe regarding to the contract they may have or breaking the contract or not providing the notice or any other claim made by their provider because of their action.
After porting process start all rules regularly apply to Telephone Number provide to customer by Followtel, will apply to port number(s). after sending port request, During the port process or after the number(s) port, if customer decided to cancel the port and/or return the number to old provider or transfer it to different provider up to 1 year since the number ported to followtel, they have to pay $50.00 cancellation fee plus minimum of $35.00 port cost for each individual DID ( Phone/fax Number ) and all other charges that may apply by their provider, followtel or third party. Followtel can refuse any port request to Followtel or from Followtel to other service provider.
Billing, Charges and Payment
Credit Card Payment. Upon purchase, Customer must provide FollowTel a valid credit card number from an accepted issuer (see FollowTel’s website for accepted issuers). Customer authorizes FollowTel to charge the credit card number (“Credit Card”) for all charges arising from Customer’s use of the Services. Customer shall notify FollowTel of any change to the Credit Card information including, without limitation, changes in account number, expiration date and billing address.
Invoicing. FollowTel will provide Customer with a annually on-line invoice for Services and bill all charges invoiced to Customer’s account to the Credit Card. Charges shall include, Equipment purchases, monthly service fees, usage fees, shipping charges, Early Termination Fees, toll charges, taxes and all other applicable charges. Monthly service fees are paid in advance of each month’s Service. Toll charges and other applicable charges are billed at the end of each service month. Deposits, if applicable, are charged at the time of purchase and are invoiced whenever the deposit is reduced by usage to $6.00 Canadian dollars. FollowTel reserves the right to charge Customer’s Credit Card at any time during a service month if Customer’s toll charges exceed $24.00 Canadian dollors. Billing for monthly service fees, deposits and other applicable charges commences upon purchase of Services, and the first month’s monthly service fees will be prorated to take into account any partial month of Service. Activation occurs when Customer’s Equipment is registered to FollowTel’s systems (“Activation”).
Toll Charges. All calls to or from Equipment using the Services that originates or terminates in the Public Switched Telephone Network (“PSTN”) is subject to the then applicable toll charges that are associated with the service plan Customer has selected. All calls to destinations outside the United States to a party that is not an FollowTel Customer will be charged at the then current international rates published on FollowTel’s website. The duration of each call will be calculated in one minute increments.
Telephone Numbers. Any telephone number provided to Customer by FollowTel shall be leased and not sold. Customer may not use such number with any other devise other than the Equipment with the express prior written consent of FollowTel. FollowTel reserves the right to change, cancel or move the number in its sole discretion. The availability of all Overseas DID numbers is subject to and dependent upon the network facilities and regulatory environment in Overseas. FollowTel cannot guarantee connection to any Overseas DID from all cities and regions in Overseas. FollowTel further cannot guarantee uninterrupted service on Overseas DIDs.
Billing Disputes. Customer must dispute any charges for the Services within thirty (30) days of receipt of the annually on-line invoice. Customer understands and agrees that Customer’s failure to dispute any charges with the thirty (30) day time period constitutes a waiver of all claims to any dispute.
Late Payment – Non-Payment. If any charges for Services are due but unpaid for any reason including, without limitation, non-payment or declined Credit Card charges, FollowTel may suspend or terminate the Services and all accrued charges shall immediately be due and payable, to include a late fee of the lesser of 1.5% or the maximum allowed by law. If charges cannot be processed to the Credit Card, Customer will be charged a fee of ten dollars ($10.00). Neither suspension nor termination shall relieve Customer from the obligation to pay all amounts owing under this Agreement.
Automatic Renewal of Global Annual Plans. On or about the Anniversary Date of any Global Annual Plan the plan will be automatically renewed for an additional one year term by charging Customers credit card of record, unless not less than thirty (30) days prior to the Anniversary Date, Customer provides FollowTel notice of Customer’s desire to cancel service or change to a different calling plan or payment plan.
Applicable Regulatory Fees and Charges. Federal, provincial, municipal and local governments may access regulatory fees, emergency calling charges, surcharges and taxes on your FollowTel service. These charges may be a flat fee or a percentage of your FollowTel charges and may change from time to time without notice. You are responsible for all such applicable fees and taxes now in force or enacted in the future, that arise from your subscription for FollowTel services. Such charges are in addition to your FollowTel service charges and will be billed to your account according to the plan or payment method you have selected. No such fees or charges shall be included in any refund under this Agreement.
Credits. Customer acknowledges and agrees that the Services are provided “as is, where is”. No credit allowances shall be made for interruption of Service.
Promotions. FollowTel may, in its sole discretion, from time to time offer promotions or discounts on fees. Customer must enter any promotion or discount codes upon initial purchase of the Services.
Termination of Service
FollowTel reserves the right to suspend or discontinue providing the Service or Customer’s Service at any time in its sole discretion. If the Service is terminated by FollowTel in its sole discretion and for any reason other than a breach or action of Customer, you will be liable for all charges accrued through the date of termination. If the Service is terminated as a result of a breach or other action of Customer, you will be liable for the entire month in which the termination occurs, unbilled charges and an Early Termination Fee as set forth in Section 8 below and all such charges shall be immediately due and payable.
Customer agrees to provide FollowTel thirty (30) days notice of Customers intent to terminate services. Customer shall be responsible for the full monthly service fee for the month in which notice of termination is received. An Early Termination Fee may apply to termination as set forth in Section 8 below.
Early Termination Fee
If Customer terminates the Service within twelve (12) months after the Activation Date and after expiration of the Trial Period, FollowTel shall charge an Early Termination Fee to Customer’s credit card in the amount of sixty nine dollars and ninety nine cents ($69.99). The Early Termination Fee shall be waived after Customer utilizes the Service for twelve (12) consecutive months after Activation Date. All Customers that terminate the FollowTel Service will be charged on their credit card for the Equipment unless Customer takes the following actions: (a) Call FollowTel at 1-647-476-4243to terminate the FollowTel Service and obtain an Equipment return authorization from FollowTel’s customer care department, and (b) Mail the Equipment to FollowTel within seven (7) days after calling to terminate service (parcel must be post marked within the seven (7) day period) in its original condition including, all packing materials with bar codes intact, all parts and accessories, documentation and manuals and all other items originally shipped to Customer .Equipment returned to our local offices will not be processed. If FollowTel does not receive the returned Equipment within fifteen (15) days after the termination date, the Equipment Deposit of $60.00 will not be credited to Customer.
Charges for Changes in Plans
FollowTel will charge Customer’s credit card a Plan Change Fee in the amount of $19.99 if Customer chooses to change Plan from any plan with a Monthly Fee of $10.00 or more per month to any plan with a Monthly Fee less than $10.00 per month.
Changes to the Agreement, Services or Plan
FollowTel reserves the right to change the Agreement, Services or Plan at any time (“Change”). Changes will be posted on FollowTel’s website thirty days before the effective date of the Change. Notice is deemed received by Customer and Changes will be binding on Customer on the date such Change(s) is posted on the website. Customer is deemed to have accepted the Change(s) unless Customer terminates the Service prior to the effective date of the Change or uses the Service after the effective date of the Change. If Customer elects to terminate the Services, Customer will be liable for all amounts due and a early termination fee, if applicable. Customer may, at any time, request a change of Plan subject to charges associated with such change of Plan. FollowTel may reduce its prices for Services or Plans without prior notice to Customer.
Technical Support
FollowTel provides technical support for Services and Equipment described in this Agreement during its normal business hours.
Limitation of Liability, Warranty and Indemnification
DISCLAIMER OF DAMGAES. FOLLOWTEL SHALL NOT, IN ANY EVENT OR CIRCUMSTANCE, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, LOSS OF DATA OR CONTENT, OR ARISING OUT OF 911 OR OTHER EMERGENCY CALLING IN CONNECTIONS WITH CUSTOMER’S USE OF THE SERVICES OR EQUIPMENT PROVIDED UNDER THIS AGREEMENT.
FOLLOWTEL MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY ABOUT ITS SERVICES OR EQUIPMENT AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OR IMPLIED WARRANTIES OF MECHANTABILITY OR FITNESS FOR A PARTICLUAR PURPOSE OR USE. FOLLOWTEL HAS NOT AUTHORIZED ANY PERSON OR ENTITY TO MAKE WARRANTIES ON ITS BEHALF AND CUSTOMER MAY NOT RELY ON ANY STATEMENT AS A WARRANTY BY FOLLOWTEL.
Liability. FollowTel will not be liable for any failure of performance due to any causes beyond its control or for any power outage, internet interruption, Equipment failure, delay in installation, activation or commencement of Service. With respect to any other legal claim or dispute, FollowTel’s liability shall be limited to the lesser of actual damages or one thousand dollars $1,000. FollowTel will not be liable for any act or omission by any other person or entity furnishing services or products related to the Services or Equipment or for damages associated with service or equipment that FollowTel does not provide.
Indemnification. Customer hereby agrees to indemnify and hold harmless FollowTel and its officers, directors, shareholders and affiliates from and against any and all claims, damages and/or liability arising out of the Services or Equipment, including, without limitation, claims for libel, slander, invasion of privacy or infringement of copyright arising out of material, data or information transmitted via the Services and claims arising out of any intentional act or omission by Customer or others authorized by Customer to use the Service.
Governing Law and Dispute Resolution
Governing Law. This Agreement shall be governed by the laws of the State of Texas without regard to conflict of law provisions of any other state or jurisdiction. Customer hereby consents to exclusive personal and subject matter jurisdiction of the courts of the State of Texas.
Mandatory and Binding Arbitration. All claims or disputes between Customer and FollowTel arising in any way whatsoever out of the Services or the Equipment shall be resolved by binding and final arbitration by a single arbitrator. The American Arbitration Association shall administer the arbitration under the Commercial Arbitration Rules. The arbitration shall be conducted in Austin, Texas in English language. No arbitrator may award relief outside the limits set herein. Customer agrees that all claims shall be in Customer’s individual capacity and that Customer will not commence or join any class or consolidate Customer’s claim with the claims of any person or persons. Customer hereby waives any right to a jury trial.
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.
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, TTY, medical monitoring equipment, certain versions of TIV, satellite television systems, PBX, Centrex, other private telephone networks, or computer modems. You waive any claim against FollowTel for interference with or disruption of these services and equipment, as well as any claim that FollowTel is responsible for any disruption to your business, if applicable.
Copyrights
All software utilized or provided by FollowTel in connection with the Services or Equipment shall be and at all times remain sole property of FollowTel and are protected by copyright laws and international treaties.
Force Majeure
FollowTel shall not be liable for any delay in performance caused by acts of God, natural disasters, accidents, strikes, riots, war, government actions, equipment or power failures or any other cause beyond its control.
Assignment
Customer may not assign or transfer this Agreement or its obligations hereunder in whole or in part. FollowTel may assign this Agreement at in time and in its sole discretion.
Entire Agreement
This Agreement constitutes the entire understanding and agreement between FollowTel and Customer and supercedes all prior written or oral agreements related in any way to the subject matter hereof.
