SavyTel Terms and Conditions for Use.
These Terms of Service constitute the
agreement ("Agreement") between SavyTel
Communications ("we," "us" or "SavyTel")
and the user ("you," "user" or "Customer") of SavyTel's Residential
communications services or Small Business communications services and any
related products or services ("Service"). This Agreement governs both the Service and
any devices, such as an IP phone, Terminal Adapter, Analog Telephone Adapter or
any other IP connection device, ("Device" or "Equipment")
used in conjunction with the Service.
BY ENROLLING IN, ACTIVATING, USING, OR PAYING
FOR THE SERVICES, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER THIS
AGREEMENT AND BECOME BOUND BY ITS TERMS AND THAT YOU ACKNOWLEDGE THAT YOU HAVE
READ AND UNDERSTOOD, AND YOU AGREE TO THE TERMS AND CONDITIONS IN THIS
AGREEMENT, INCLUDING THOSE PERTINENT TO 911 EMERGENCY DIALING, AND TO THE
PRICES, CHARGES, TERMS AND CONDITIONS PROVIDED TO YOU WITH RESPECT TO THE
SERVICE DURING THE SERVICE REGISTRATION PROCESS, INCLUDING IN MARKETING AND
INFORMATIONAL MATERIALS ASSOCIATED WITH YOUR OFFER, AND ON THE SAVYTEL SERVICE
WEB SITE, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT
AGREE TO ALL OF THE AFOREMENTIONED TERMS AND CONDITIONS, DO NOT USE THE SERVICES,
AND CANCEL THE SERVICES IMMEDIATELY BY CALLING SAVYTEL AT 1-888-SAVYTEL FOR
FURTHER DIRECTIONS.
1.
SERVICE
1.1
Term
Service is offered on a monthly basis
for a term which begins on the date that SavyTel activates
your Service 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 give SavyTel, from your online account a cancellation request, at least ten [10] days before the end
of the monthly term in which the notice is given. 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 a 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.
1.2.1
Residential Use of Service and Device
If you have subscribed to SavyTel's Residential services,
the Service and Device 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, telemarketing (including without limitation
charitable or political solicitation or polling), 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 Service or the Device to any other person for any purpose, or make
any charge for the use of the Service, without express written permission from SavyTel in advance.
You agree that your use of the Service and/or Device, or the use of the
Service and/or Device provided to you by any other person for any commercial or
governmental purpose will obligate you to pay SavyTel'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. SavyTel reserves
the right to immediately terminate or modify the Service, if SavyTel determines, in its sole discretion, that Customer's
Service is being used for non-residential or commercial use.
1.2.2
Small Business Use of Service and Device - Prohibition on Resale
If you have subscribed to SavyTel's Small Business
services, the Service and Device are provided to you as a small business
user. This means that you are not to
resell or transfer the service or device to any other person for any purpose,
without express written permission from SavyTel in
advance. You agree that the SavyTel Small Business Plans do not confer the right to use
the service for auto-dialing, continuous or extensive call forwarding,
telemarketing (including without limitation charitable or political
solicitation or polling), fax broadcasting or fax blasting. SavyTel
reserves the right to immediately terminate or modify the Service, if SavyTel determines, in its sole discretion, that Customer's
Service is being used for any of the aforementioned activities.
1.3
Lawful Use of Service and Device
1.3.1
Prohibited Uses
You agree to use the Service and Device
only for lawful purposes. This means
that you agree not to use them for transmitting or receiving any communication
or material of any kind when in SavyTel's
sole judgment the transmission, receipt or possession of such communication or
material (i) would
constitute a criminal offense, give rise to a civil liability, or otherwise
violate any applicable local, state, national or international law or (ii)
encourages conduct that would constitute a criminal offense, give rise to a
civil liability, or otherwise violate any applicable local, state, national or
international law. SavyTel
reserves the right to terminate your service immediately and without advance
notice if SavyTel, in its sole discretion, believes
that you have violated the above restrictions, leaving you responsible for the
full month's charges to the end of the current term, including without
limitation unbilled charges, plus a disconnect fee, all of which immediately
become due and payable. You are liable for any and all use of the Service
and/or Device by yourself and by any person making use of the Service or Device
provided to you and agree to
indemnify and hold harmless SavyTel against any and
all liability for any such use. If SavyTel, in its sole discretion believes that you have
violated the above restrictions, SavyTel may forward
the objectionable material, as well as your communications with SavyTel and your personally identifiable information to the
appropriate authorities for investigation and prosecution and you hereby
consent to such forwarding.
1.3.2
Use of Service and Device by Customers Outside
the
While we encourage use of the Service
within the
1.4
Loss of Service Due to Power Failure or Internet Service Outage or Termination
or Suspension or Termination by SavyTel
You acknowledge and understand that the
Service does not function in the event of power failure. You also acknowledge and understand that the
Service requires a fully functional broadband connection to the Internet (which
is not provided by SavyTel) and that, accordingly, in
the event of an outage of, or termination of service with or by, your Internet
service provider ("ISP") and/or broadband provider, the Service will
not function, but that you will continue to be billed for the Service unless
and until you or SavyTel terminate the Service in accordance
with this Agreement. Should there be an
interruption in the power supply or ISP outage, the Service will not function
until power is restored or the ISP outage is cured. A power failure or disruption may require the
Customer to reset or reconfigure equipment prior to utilizing the Service. Power disruptions or failures or ISP outages
will also prevent dialing to emergency service numbers including the 911
calling feature. Should SavyTel suspend or terminate your Service, the Service will
not function until such time as SavyTel restores your
Service (which may require payment of all invoices and reconnection fees owed
by you or cure of any breach by you of this Agreement).
1.5
Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software
The Service and Device and any firmware
or software used to provide the Service or provided to you in conjunction with
providing the Service, or embedded in the Device, and all Services,
information, documents and materials on SavyTel'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 SavyTel
are and shall remain the exclusive property of SavyTel
and nothing in this Agreement shall grant you the right or license to use any
of 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 you in conjunction with providing the Service, or
embedded in the Device, other than a nontransferable, revocable license to use
such firmware or software in object code form (without making any modification
thereto) strictly in accordance with the terms and conditions of this
Agreement. You expressly agree 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 SavyTel,
which SavyTel reserves the right to prohibit in
particular cases or generally, you warrant and represent 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 SavyTel against any and all liability arising out of your
use of such interface device with the Service.
You shall not reverse compile, disassemble or reverse engineer or
otherwise attempt to derive the source code from the binary code of the
firmware or software.
1.6
Tampering with the Device or Service
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 SavyTel
in each instance which SavyTel may deny in its sole
discretion. SavyTel
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 a disconnect fee, all
of which immediately become due and payable.
1.7
Theft of Service
You agree to notify SavyTel
immediately, in writing or by calling the SavyTel
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. Until such time as SavyTel receives notice of the theft or fraudulent use, 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.
1.8
Return of Device
The Device may be returned to SavyTel within fourteen (14) days of the termination of
Service to receive a credit for the $35.99 disconnect fee ($45.99 CAD) (refer
to section 4.6 of this document
regarding termination fees), provided: (i)
Customer retained proof of purchase and original packaging; (ii) contents are
undamaged and in original condition, reasonable wear and tear excluded; (iii)
all parts, accessories, documentation and packaging materials are
returned; and (iv) equipment is returned with a valid return authorization
number obtained from SavyTel’s
customer care department. You are
responsible for the cost and risk of return shipping of equipment. If you receive cartons and/or Devices that
are visibly damaged, you must note the damage on the carrier's freight bill or
receipt and keep a copy. In such event,
you must keep the original carton, all packing materials and parts intact in
the same condition in which they were received from the carrier and contact SavyTel's customer care
department immediately. Authorization
number will be provided by email once cancellation will be approved.
1.9
Number Transfer on Service Termination
Upon termination of the Service, SavyTel may, at its sole discretion, release a telephone
number that was ported in from a previous service provider to SavyTel by you and used in connection with your Service
provisioned by SavyTel to your new service provider,
if such new service provider is able to accept such number, and provided that (i) your account has been
terminated; (ii) your SavyTel account is completely current including payment for
all charges and disconnect fees; and (iii) you request the transfer upon
terminating your account.
1.10
Service Distinctions
You acknowledge and understand 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 enhanced
Service offering provided by SavyTel. The Service is subject to different
regulatory treatment than telephone service.
This treatment may limit or otherwise affect your rights of redress
before Federal, State or Provincial telecommunications regulatory agencies.
1.11 0+ AND x11 Calling
SavyTel’s Service does not support 0+ calling
(including without limitation collect, third party billing or calling card
calling). SavyTel’s Service may not support 311, 511 and/or
other x11 (other than 911 and 411, which are provided for elsewhere in this
Agreement) services in one or more (or all) service areas.
2.
EMERGENCY SERVICES- 911 DIALING
2.1
Non-Availability of Traditional 911 or E911 Dialing Service
You acknowledge and understand that the
Service does NOT support traditional 911 or E911 access to emergency services.
2.2
Service Outage
2.2.1
Power Failure or Disruption
You acknowledge and understand that
Service does not function in the event of a power failure or disruption. 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 the Customer to reset or reconfigure
equipment prior to utilizing the Service.
2.2.2
Broadband Service / ISP Outage
You acknowledge and understand that
service outages or suspension or termination of service by your broadband
provider and/or ISP will prevent ALL Service.
2.2.3
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.
2.2.4
Other Service Outages
You acknowledge and understand that if
there is a service outage for ANY reason,
such outage will prevent ALL Service.
Such outages may occur for a variety of reasons, including, but not
limited to those reasons described elsewhere in this Agreement.
2.2.5
Limitation of Liability and Indemnification
You acknowledge and understand that SavyTel'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 SavyTel, 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 911 dialing 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.
3.
CHANGES TO THIS AGREEMENT
SavyTel may change the terms and conditions of
this Agreement from time to time.
Notices will be considered given and effective on the date posted. This
Agreement as posted supersedes all previously agreed to electronic and written
terms of service.
4.
CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION
4.1
Billing
You must give us a valid credit card
number (Visa, MasterCard, Discover, American Express or any other issuer
then-accepted by SavyTel) when the Service is
activated. If the card expires, you close your account, your billing address
changes, or the card is cancelled and replaced owing to loss or theft, you must
advise SavyTel at once. We will bill all charges,
applicable taxes and surcharges monthly in advance (except for usage-based
charges, which will be billed monthly in arrears, and any other charges which SavyTel decides to bill in arrears) to your credit card,
including but not limited to: activation fees, monthly Service fees,
international usage charges, advanced feature charges, equipment purchases,
disconnect fees and shipping and handling charges. SavyTel reserves
the right to bill at more frequent intervals if the amount due at any time
exceeds $25.
4.2
Billing Disputes
You must notify SavyTel
in writing within 7 days after receiving your credit card statement if you
dispute any SavyTel charges on that statement or such
dispute will be deemed waived. Billing disputes should be notified to the
following address:
In the
Customer Care Billing Department
SavyTel Inc.
290 Paseo Sonrisa
or
In
Customer Care Billing Department
7020
or
billing@savytel.com
4.3
Payment
SavyTel accepts payments only by credit
card. Your initial use of the Service
authorizes SavyTel to charge the credit card account
number on file with SavyTel, including any changed
information given SavyTel if the card expires or is
replaced, for SavyTel charges that accrue during the
billing cycle. This authorization will remain valid until 30 days after SavyTel receives your written notice terminating SavyTel's authority to charge
your credit card. SavyTel may terminate your Service
at any time in its sole discretion, if any charge to your credit card on file
with SavyTel is declined or reversed 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 SavyTel for ALL CHARGES ACCRUED BEFORE TERMINATION and for
all costs incurred by SavyTel in collecting such
amounts, such as (but not limited to) collection costs and attorney's fees.
4.4
Termination/Discontinuance of Service
SavyTel reserves the right to suspend or
discontinue providing the Service generally, or to terminate your Service, at
any time in its sole discretion. If SavyTel discontinues providing the Service generally, or
terminates your Service in its discretion without a stated reason, you will
only be responsible for charges accrued through the date of termination,
including a pro-rated portion of the final month's charges.
If your Service is terminated for any
stated reason, including without limitation violation of this Agreement, or
because of any improper use of the Service or Device (such as, but not limited
to, your attempts to hack, disrupt, or misuse the Service or your acts or
omissions that violate any acceptable use policy of SavyTel
or of a third party provider to which SavyTel is
subject), you will be responsible for the full month's charges to the end of
the current term, including without limitation unbilled charges, plus the
disconnect fee, all of which immediately become due and payable.
4.5
Taxes
You are responsible for, and shall pay,
any applicable federal, state, provincial, municipal, local or other governmental
sales, use, excise, value-added, personal property, public utility or other
taxes, fees or charges now in force or enacted in the future, that arise from
or as a result of your subscription or use or payment for the Service or a
Device. Such amounts are in addition to
payment for the Service or Devices and will be billed to your credit card as
set forth in this Agreement. If you are
exempt from payment of such taxes, you shall provide SavyTel
with an original certificate that satisfies applicable legal requirement
attesting to tax-exempt status. Tax
exemption will only apply from and after the date SavyTel
receives such certificate.
4.6
Disconnect Fee
Customer will be charged a disconnect
fee of $35.99 ($45.99 CAD) per voice line upon termination of Service for any
reason or for convenience by Customer.
The disconnect fee becomes due and payable immediately upon termination
and will be billed directly to Customer's credit card. If Customer has multiple
lines, Customer will be charged a disconnect fee of $35.99 ($45.99 CAD) per
line for each line disconnected. To
receive a credit for the disconnect fee, Customer must return the Device(s)
undamaged and in original condition within fourteen (14) days of termination. SavyTel will not credit Customer if the Device(s) is
damaged or not in its original condition as received by the Customer. In the
event Customer disconnects multiple lines, SavyTel
will issue Customer a credit for all disconnect fees upon receipt of all
Devices (including without limitation Terminal Adapters) in accordance with
this Section.
4.7
Money Back Guarantee; Limitations and Conditions
SavyTel offers a 14-day Money Back Guarantee
applicable only to User’s first-ordered line per account, not to additional or
secondary lines. Under terms of this Money Back Guarantee, SavyTel
refunds the activation fee, first month of service, and waives the disconnect fee, provided the
terms described below are satisfied.
Federal excise taxes and any other applicable taxes cannot be refunded. SavyTel reserves the right to terminate or revoke this
Money Back Guarantee at any time, without prior notice.
User must cancel service within 14 days
after the account activation. All Devices must be returned within 14 days after
cancellation. Customer must not exceed 250 minutes of usage within the first 14
days of Service. User remains responsible for any charges for overage,
international traffic, payphone calls to SavyTel toll
free numbers and directory assistance. THIS MONEY BACK GUARANTEE DOES NOT APPLY
TO ACCOUNTS EXCEEDING 250 MINUTES OF USAGE AND SUCH ACCOUNTS ARE NOT ELIGIBLE
FOR REFUND OF ANY OF THE CHARGES DESCRIBED HEREIN.
All returned Devices 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 SavyTel customer care. User is responsible for the cost and risk of
return shipping of equipment.
THE MONEY BACK GUARANTEE WILL NOT BE
HONORED IF USER FAILS TO MEET ALL SUCH REQUIREMENTS.
5.
WARRANTY and LIABILITY LIMITATIONS / INDEMNIFICATION
5.1
Limitation of Liability
SavyTel shall not be liable for any delay or
failure to provide the Service, including 911 dialing, at any time or from time
to time, or any interruption or degradation of voice quality that is caused by
any of the following:
1.) act
or omission of an underlying carrier, service provider, vendor or other third
party;
2.) equipment,
network or facility failure;
3.) equipment,
network or facility upgrade or modification;
4.) force majeure events such as (but not limited to) acts of
god; strikes; fire; war; riot; government actions;
5.) equipment,
network or facility shortage;
6.) equipment
or facility relocation;
7.) service,
equipment, network or facility failure caused by the loss of power to Customer;
or
8) any other cause that is beyond SavyTel's control, including
without limitation a failure of or defect in any Device, the failure of an
incoming or outgoing communication, the inability of communications (including
without limitation 911 dialing) to be
connected or completed, , or degradation of voice quality. SavyTel's aggregate liability for any failure or
mistake shall in no event exceed Service charges with respect to the affected
time period.
5.2
Disclaimer of Damages
IN NO EVENT SHALL SAVYTEL, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO
FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE
BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO
LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO
BE ABLE TO DIAL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE
SERVICE. THE LIMITATIONS SET FORTH
HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY,
PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY
WHETHER OR NOT SAVYTEL WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF
DAMAGES.
5.3
Indemnification
Customer agrees to defend, indemnify,
and hold harmless SavyTel, 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 this
Agreement, the Services, including 911dialing, or the Device. This paragraph shall survive termination of
this Agreement.
5.4
No Warranties on Service
SAVYTEL MAKES NO WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR
NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING
OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S
REQUIREMENTS. WITHOUT LIMITING THE
FOREGOING, SAVYTEL DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE,
DELAY, INTERRUPTION, ERROR, DEGRADATION
OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER SAVYTEL NOR ITS OFFICERS, DIRECTORS,
EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO
FURNISHES SERVICES OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR
THE SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO SAVYTEL'S OR CUSTOMER'S
TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR
ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS,
PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY
OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF SAVYTEL'S
OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE
SERVICE OR DEVICE, IF ANY, BY SAVYTEL OR SAVYTEL'S AGENTS OR INSTALLERS ARE
INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
5.5
No Warranties, or Limited Warranties, for Devices
If Customer received the Device new from
SavyTel and the Device included a limited warranty at
the time of purchase, Customer must refer to the separate limited warranty
document provided with the Device for information on the limitation and
disclaimer of certain warranties. If Customer's Device did not include a
limited warranty from SavyTel at the time of receipt,
Customer agrees that it accepts its Device "as is" and that Customer
is not entitled to replacement or refund in the event of any defect.
5.6
No Third Party Beneficiaries
No provision of this Agreement provides
any person or entity not a party to this Agreement with any remedy, claim,
liability, reimbursement, or cause of action or creates any other third party
beneficiary rights.
5.7
Content
You are liable for any and all liability
that may arise out of the content transmitted by or to you or Users using the
Services. You shall assure that your or
User's use of the Services and content will at all times comply with all
applicable laws, regulations and written and electronic instructions for use. SavyTel reserves the right to terminate or suspend affected
Services, and/or remove your or Users' content from the Services, if SavyTel determines that such use or content doer not
conform with the requirements set forth in this Agreement or interferes with SavyTel's ability to provide
Services to you or others or receives notice from anyone that your or Users'
use or Content may violate any laws or regulations. SavyTel's actions or inaction under this Section
shall not constitute review or approval of your or Users' use or Content. You will indemnify and hold SavyTel against any and all liability arising from the
content transmitted by or to you or to Users using the Services. A "User" means any person, whether
authorized or unauthorized, using the Service and/or Device provided to you.
6.
GOVERNING LAW / RESOLUTION OF DISPUTES
6.1
Mandatory Arbitration
Any dispute or claim between Customer
and SavyTel arising out of or relating to the Service
or Device provided in connection with this Agreement shall be resolved by
arbitration before a single arbitrator administered by the American Arbitration
Association in accordance with its Commercial Arbitration Rules (or, for
Customers subscribing to service in Canada, a Canadian arbitration organization
of SavyTel’s
choosing). The arbitration shall take
place in
6.2
Governing Law
The Agreement and the relationship
between you and SavyTel shall be governed by the laws
of the State of
6.3
Entire Agreement
This Agreement and the rates for
Services found on SavyTel's
website constitute the entire agreement between you and SavyTel
and govern your use of the Service, superseding any prior agreements between
you and SavyTel and any and all prior or
contemporaneous statements, understandings, writings, commitments, or
representations concerning its subject matter.
No amendment to this Agreement shall be binding upon SavyTel
unless and until posted in accordance with Section 3 hereof.
6.4
Severability
If any part of this Agreement is legally
declared invalid or unenforceable, all other parts of this Agreement are still
valid and enforceable. Such invalidity or non-enforceability will not
invalidate or render unenforceable any other portion of this Agreement.
7.
PRIVACY
SavyTel Service utilizes, in whole or in part,
the public Internet and third party networks to transmit voice and other
communications. SavyTel is not liable for any lack of
privacy which may be experienced with regard to the Service. Please refer to our Privacy Policy applicable
to you at www.savytel.com for additional information.
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