Terms and Conditions
- Advantage IT Management Master IT Services Terms and Conditions
- Advantage Voice Hosted VoIP Services Terms and Conditions with Acceptable Use Policy
- Advantage Voice 911 Policy
Advantage IT Management - Master IT Services Terms and Conditions
1. Engagement: Client hereby engages Advantage IT Management, Inc. (“Consultant”) for the initial term set forth in your agreement, to provide services in support of Client’s computer, network, electronic and information technology systems (“IT Services”) located at the Service Address identified above or within this proposal. Upon expiration of the initial term, and upon expiration of each successive term, this Agreement shall be automatically renewed and extended for an additional term equal to the original unless one of the parties hereto serves notice upon the other of intent not to renew the Agreement at least thirty days prior to the renewal date.
2. Scope of Included Services: Consultant will perform IT Services included within the Scope of Included Services within your Agreement, as required, during the term of this Agreement. Consultant will decide whether to perform IT Services at the Service Address or off-site. Client agrees not to make unreasonable requests for services. See Managed IT Services or Monthly Services Sections. Advantage IT Management, Inc. provides support and help desk services for devices and users that are covered or “managed” by your IT Management Plan. Your IT Management Plan and monthly billing is based on specific numbers of Locations (Sites), Users, Computers, Network Devices, Software Licenses, Hosted Solutions, etc. Additional devices, users, or solutions outside of the scope of your IT Management Plan must be added to your IT Management Plan and on-boarded for these services to be covered by this agreement. For example, your company purchases a new additional computer. This additional computer would need to be added to your IT Management Plan and properly on-boarded before support requests would be covered within this agreement. New Managed Users must be added to your IT Management Plan and on-boarded before support requests can be covered by this agreement.” “Managed Users” includes support for the user’s primary computer, peripherals, and user-based software applications. Additional computers can be added to your IT Management Plan as needed and will be covered for support requests after they are properly on-boarded. Project services not included in the Managed IT Service or Project Services scope of work in this agreement will be billed separately.
Service Response; Standard SLA Goals. Response time is defined as the time from submittal of a problem ticket or support request via phone or electronic means to the response of our support team. For example, a request at 4:55pm on Friday that is responded to at 8:05am on Monday reflects a 10-minute response time. A request at 8am on Monday that is responded to at 9am on Monday reflects a 1-hour response time. To ensure proper response times and performance of SLA goals, all support requests must be properly submitted to our support team through approved methods (email to support team, phone call to support team). Emergency requests must be identified as such and be submitted via phone to one of our team members to ensure SLA goals. Consultant will always endeavor to respond to problems as swiftly as possible. However, the consultant cannot guarantee 100% compliance for response times as defined below. Standard SLA Response Goals: Emergency Issues – 2 hours or less. Urgent Issues – 4 hours or less. Standard Issues or Requests – 8 hours or less.
Definitions of issues.
“Emergency”: The customer’s environment is in a critical state, services or critical functions for a large portion of users are degraded and the situation requires immediate attention.
“Urgent”: The customer’s environment is functional but a critical component such as printing for multiple users of the organization or a line of business application is not functional. Performance issues affecting the entire environment.
‘Standard”: The customer is not experiencing any issues that are stopping any critical business process. All change requests fall into this severity level.
Client agrees to make all reasonable efforts to minimize emergency issues by ensuring that environmental, infrastructure, hardware, configurations, systems, etc. are maintained and of serviceable life. Failure to properly plan for and address known issues, inadequacies, or end of life events with hardware or systems may result in these events being treated as non-emergency issues.
3. Pricing, Additional Services: The Monthly Base Rate set forth in your proposal covers the cost of IT Services coming within the Scope of Included Services in addition to addendums, if any, to this document. Charges for additional services such as “Project Type” work, requested or required by Client will be determined by agreement of the parties or, in the absence of agreement, will be charged at Consultant’s standard rates in effect at the time service is provided or adjustments to standard rates if defined in Managed IT section. The Base Rate does not include the cost of any hardware, software, equipment, or supplies or any out-of-pocket expenses incurred by Consultant unless specifically identified as included in the Exhibits or in an addendum.
4. Payment, Suspension or Termination of Services: Client will pay Consultant all fees due upon receipt of an invoice specifying the amounts due (“Fees”). All Fees payable under this Agreement are exclusive of sales, use, excise, and any other applicable transaction taxes, which Client will pay (excluding taxes based upon the net income of Consultant). If payment is not received on or before any invoice due date, interest shall begin to accrue and be payable at the lesser of the maximum rate permitted under applicable law or at the rate of one and one-half percent (1.5%) (or any other interest rate in accordance with the state’s law) per month from the date due until paid in full. Client shall pay all expenses, including actual attorneys’ fees, incurred by Consultant or its representatives in enforcing its rights under this Agreement, provided that Consultant is successful on the merits. Client’s obligation to pay undisputed amounts due for Services and Consultant’s right to all such amounts are absolute and unconditional. Client is not entitled to setoff of such amounts. All Fees will be detailed in a Work Order. Unless otherwise stated in a SOW, Client agrees to pay or reimburse Consultant for all actual, necessary, and reasonable expenses incurred by Consultant in performance of such SOW, which are capable of verification by receipt. Consultant will submit invoices to Client for such fees and expenses either upon completion of the Services, or at stated intervals, in accordance with the applicable Statement of Work. Payment of the Monthly Base Rate is due on the first day of each month during the term of this Agreement and shall be considered delinquent if unpaid within five (5) days of the due date. Client shall pay invoices for any additional amounts due to Consultant within fifteen (15) days after receipt. Consultant shall have the right to, suspend the performance of IT Services, or to terminate this Agreement, if Client fails to make payment within the time permitted for doing so under this Agreement. Termination of this agreement prior to completion of the term will also result in the full remaining amount of any up-front project or setup labor, hardware provided within the agreement, and any monthly payments remaining over the term of the agreement being due immediately.
5. Price Adjustments: Consultant shall have the right to adjustment of the Monthly Base Rate in the event of equipment purchases, substantial changes in the demand for IT Services initiated by Client, material increases in costs to Consultant, additions of managed devices and users or other items to management plan. Monthly Base Rate is subject to up to a (3) percent automatic annual increase.
6. Tangible Property Rights: Authorization to use any software or hardware provided by Consultant to the Client provides a personal, non-exclusive, limited, non-transferable and temporary license. All rights are reserved. The Client may not re-publish, transmit, distribute, sell, lease, sublet or make any unauthorized use of Consultant property. Modification of such materials or the use of such materials for any purpose not authorized by Consultant is prohibited. Client agrees to act in good faith and maintain in good physical and working order any hardware, software or other tangible items belonging to Consultant that are installed, lent to, leased to, or for any other reason in possession by Client or Client personnel. In the event of damage, theft, modification, defacing, loss of, or any other acts considered beyond what would be considered “normal wear” the Client will be responsible reimbursing consultant for repair and/or replacement of such material in an amount determined by consultant to be “fair market value” and will be due immediately at any time requested by consultant. Upon termination of this agreement by either party or termination for non-payment for services provided pursuant to this agreement, access to all software provided pursuant to this agreement shall immediately terminate. Upon termination of this agreement by either party or termination for non-payment for services provided pursuant to this agreement, client shall immediately provide access to all hardware installed by Advantage IT Management so that same may be immediately removed by Advantage IT Management.
7. Non-Diversion: Client agrees that during the term of this Agreement and for a period of five years following the termination of this Agreement, Client will not recruit or hire any employee, agent, representative or subcontractor of the Consultant (“Consultant Personnel”), nor will Client directly or indirectly contact or communicate with Consultant Personnel for the purpose of soliciting or inducing such Consultant Personnel (a) to accept employment with, or perform work for any person, firm, or entity other than Consultant; or (b) to provide services to Client or any other person, firm or entity except as an employee or representative of the Consultant. Client agrees that, in the event of a breach or threatened breach of this provision, in addition to any remedies at law, Consultant, without posting any bond, shall be entitled to obtain equitable relief in the form of specific performance, a temporary restraining order, a temporary or permanent injunction or any other equitable remedy which may then be available.
8. Disclaimer of Warranties: To the fullest extent permitted by law, Consultant disclaims all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Consultant does not warrant that use of software, hardware, services or any other products furnished by consultant will be uninterrupted, error-free, or secure, that defects will be corrected, or that products or the server(s) to which access is provided are free of viruses or other harmful components.
9. Limitation of Liability: In no event shall consultant be liable to the Client or any other party for any special, exemplary, incidental, consequential, or direct damages, including but not limited to lost profits, whether arising out of contract, tort, strict liability, or otherwise. In no way is Consultant responsible for any damages to the Client or any other party including but not limited to lost profits due to; data loss, the unavailability of or malfunctioning of any equipment, software, or service, whether provided by Consultant or any party representing Consultant or otherwise. Consultant shall not be liable to Client for any failure or delay caused by events beyond Consultant’s reasonable control, including, without limitation, Client’s failure to furnish necessary information, sabotage, failures, theft or delays in transportation or communication, failures or substitutions of equipment, labor disputes, accidents, shortages of labor, fuel, raw materials, equipment, technical failures, accessibility to work site, acts of God, or any other reason. The parties agree that Advantage IT Management shall not be responsible in any way for the negligence acts, omissions, or errors of any other entity providing data storage services to any party to this agreement. In no event shall Advantage IT Management be liable to the Client or any other party for any events, delays, ransom fees, lost profits, loss of use, or any other items or issues related to any cyber-security threat, ransomware, hacking, malware, or any other cyber-security event. Client understands that remediation for cyber security issues or events, including but not limited to ransomware, data breaches, etc. may require services or products for remediation that are not included within this agreement and could require billable services, products, etc. Client agrees to carry proper Cyber Liability insurance to provide proper coverage for these types of events within the Client’s organization.
- Third-Party Products. Unless otherwise stated in a SOW, all hardware, software, peripherals or accessories purchased through Advantage IT Management, Inc. (“Third-Party Products”) are nonrefundable once the applicable SOW is placed in our queue for delivery. We will use reasonable efforts to assign, transfer and facilitate all warranties (if any) and service level commitments (if any) for the Third-Party Products to you, but will have no liability whatsoever for the quality, functionality or operability of any Third-Party Products, and we cannnot be held liable as an insurer or guarantor of the performance, uptime or usefulness of any Third-Party Products. Unless otherwise expressly stated in a SOW, all Third-Party Products are provided “as is” and without any warranty whatsoever as between Advantage IT Management, Inc. and you (including but not limited to implied warranties).
- Third-Party Service Providers. “Third-Party Service Providers” means services provided by other than Advantage IT Management in the fulfillment of the SOW requirements whose terms and conditions Advantage IT Management and the Client may be legally bound.
Advantage IT Management does not own certain Third-Party Products and the use thereof is subject to certain rights and limitations of which we need to inform you. Your right to use the Third-Party Products is subject to your Agreement with us, and to your understanding of, compliance with, and consent to the terms and conditions of the Third-Party agreements, which we do not have the authority to vary, alter, or amend.
Therefore, Advantage IT Management may utilize a Third-Party Service Provider in its descretion to provide the Services in accordance with the Agreement. Advantage IT Management shall not, however, subcontract any Services to a third-party without the written consent of the Client. If Client so concensts, Advantage IT Management will use reasonable efforts to assign, transfer, and facilitate all warranties (if any) for the Third-Party Service Provider to Client, but will have no liability whatsoever for the quality, functionality, or operability of any Third-Party Products or Services, and Advantage IT Management will not be held liable as an insurer or guarantor of the performance, downtime of usefulness of any Third-Party Provider. The Third-Party Provider may require Advantage IT Management to sign a contract with the Third-Party Provider for its services (“Third-Party Contract”) and the terms of the Third-Party Contract may require certain conditions and requirements upon our Client. The terms and conditions of any such Third-Party Contracts will be provided to the Client or attached to the Scope of Work which identifies the Third-Party Service Provider and the associated terms and conditions. Client hereby agrees to review all Third-Party Terms and Conditions, and consents to those Third-Party Terms and Conditions which Client has consented Advantage IT Management to contract upon its behalf.
- Third-Party Product Vendors. “Third-Party Product Vendors” means machinery and equipment inclusive of component parts purchased from vendors in fulfillment of the SOW Requirements.
9a. Force Majeure. No Party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature(including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service. Any Party asserting Force Majeure as an excuse shall have the burden of proving that reasonable steps were taken (under the circumstances) to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other Party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated.”
10. Actions: No action, regardless of form (including in contract, tort or otherwise), arising in connection with the performance of this Agreement may be brought by either party more than one (1) year after the date of the occurrence on which the action is based.
11. Good Faith: The parties hereto expressly assume an obligation to act in good faith toward one another in the performance of their obligations under this Agreement.
12. Access: Client agrees to maintain, where required, a full time, dedicated Internet connection and to allow the Consultant access to the Client’s network via that Internet connection. Client agrees to allow the Consultant employees or subcontractors access to its facilities in order to perform services under this Agreement. Client agrees to allow the Consultant access to the covered equipment. Facility access may be denied for any reason at any time, however if access to facilities is denied, the Client understands the Consultant may be unable to perform their duties adequately and if such a situation should exist, the Consultant will be held harmless. In the case of the Client residing in a facility with access controlled by a third party, the Client is responsible for obtaining proper and adequate permissions for the Consultant to enter and operate on the premises designated as the Client’s work area. Client agrees to allow the Consultant to load any necessary management software on their systems. Client agrees to furnish the Consultant with Administrator-level password access for all covered equipment and servers, where necessary. The Consultant agrees not to prevent Client from accessing any equipment owned by the Client or Consultant.
13. Limitations of Technology: The Client acknowledges that technologies are not universally compatible, and that there may be particular services or devices that the Consultant may be unable to monitor, manage, or patch. The Consultant agrees to inform the Client when such a situation arises. The Client agrees to correct the situation if applicable, and to hold the Consultant harmless in any case. Patches and antivirus definitions are distributed by their respective software vendors, and as such, the Consultant has no direct control over the effectiveness or lack thereof of the software being applied. The Consultant shall not be held responsible for interruptions in service due to patches released by software vendors.
14. Authority: Client signatory represents and warrants that it has full corporate power and authority to execute this Agreement to bind their company. Only individuals with title of Chief Executive, Chief Financial Officer, Owner or any person designated by any of those individuals shall have power and authority to bind Client.
15. Miscellaneous: This instrument, with attached exhibits, contains the entire agreement of the parties and supersedes any previous agreement on the same subject matter between them. No amendments or variations of the terms and conditions of this agreement shall be valid unless the same are in writing and signed by all parties hereto. Consultant is an independent contractor, and nothing herein shall be construed as inconsistent with that relationship or status. If any one or more of the provisions contained in this Agreement is for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. The headings contained herein are for convenience of reference only and are not to be used in interpreting this agreement. This agreement shall be construed and enforced pursuant to the laws of the State of Alabama. This agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one document.
16. Hardware Equipment Agreement: Client agrees that all equipment provided by Advantage IT Management as a rental, provided “as a service”, “as a rental” or otherwise, unless explicitly sold to client and paid in full, will remain sole property of Advantage IT Management which retains a 100% security interest. Client will not attempt to sell, resale, tamper, troubleshoot, repair, move, add, etc. this equipment without written permission of Advantage IT Management. Should this contract be terminated by either party, client agrees to return the property listed in Proposal, or after acquired, to Advantage IT Management within 10 days after the final cancellation date. Customer further acknowledges and gives permission to Advantage IT Management to take possession of equipment listed in Proposal from location listed in event of contract termination after 10-day grace period and agrees to compensate Advantage IT Management for expenses accrued during the recovery in addition to all amount owing under the balance of the agreement. Client agrees and understands that Advantage IT Management Equipment is to be maintained completely by Advantage IT Management. Any tampering, repair attempt or service completed by another party on the equipment listed in Proposal could result in the immediate cancellation of this agreement. Client agrees to make all logical and earnest attempts to keep equipment safe, secure and protected while in their possession. Client agrees to keep current insurance on Advantage IT Management supplied equipment while in their possession and list Advantage IT Management as an additional loss payee. Client will provide proof thereof to Advantage IT Management that it (Advantage IT Management) is listed as an additional loss payee, providing a current copy of its insurance declaration sheet showing Advantage IT Management as a loss payee specifically for mobile equipment coverage. Client further agrees to be responsible for any and all costs for the repair or replacement of Advantage IT Management supplied equipment while in their possession should it be damaged or repaired by an unauthorized third party. Should Advantage IT Management’s customer default, permission is granted to enter their premises and remove all of Advantage IT Management’s hardware, and all efforts to recover such property will be deemed consensual and not a trespass. Customer agrees to fully cooperate and will not interfere in any way, including but not limited to involving law enforcement. Customer acknowledges that the hardware provided under this agreement belongs to Advantage IT Management, which retains a 100% Security Interest, and Advantage IT Management may repossess without notice, upon breach of this agreement by customer.
What Is Not Included
Client agrees that the following is not included as covered in this agreement. This page is for reference only.
“Support for non-managed devices or users” Defined as support or help desk assistance requests for hardware or software on devices or support requests from users that are not currently “managed” or on your existing IT Management Plan. Support provided for non-managed devices or users may be billed at current hourly support rates. New or additional devices or users must be added to your IT Management Plan and properly on-boarded before support requests are covered.
“Project / Integration Work” Defined as any service designated to add or increase functionality or capacity; in other words, any work that is not designed to support existing systems or persons. Projects are outside the scope of this agreement and as such will be quoted and invoiced separately. Project / Integration work will be identified to The Client as such before any work is performed.
“Travel Time” Defined as any travel to or from client premises beyond 30 minutes one way. For IT Management agreements that include onsite support, Travel time will be billed as required for on-site visits or service to sites more than 30 minutes away from our office one way. Rates will be current hourly rates in 15-minute increments. All onsite visits, whether included in the IT Management agreement or not, regardless of distance from our office, are subject to federal mileage rate expense reimbursement and these expenses may be billed.
“Line of Business Applications” Defined as applications such as custom accounting packages, CRM software, ERP software, etc. that are not specifically mentioned herein fall outside the normal purview of this Agreement. Reasonable attempts will be made to correct connectivity issues to such applications; however, problems specific to the application configuration or network problems caused by the applications are excluded or delivered as “best effort” support only. Support must be made available from the application provider in order for Advantage IT Management to provide support for these applications.
“MDM Onsite Support” Defined as onsite deployments specifically for configurations or troubleshooting of MDM managed devices such as iPads & mobile phones. Support for managed MDM devices is provided over the phone for no additional charge or onsite deployment will be available but billable.
“Hardware Replacement Cost” Defined as the cost associated with hardware replacement for hardware that falls outside this agreement. Hardware replacement can take the form of warranty, extended warranty, manufacturer’s support contract, on-site spares, or purchases as needed. Hardware replacement options will be discussed as part of the Audit deliverables to be sure an appropriate hardware strategy exists for all critical equipment.
“After Hours & Holiday Service” Defined as any emergency service commissioned by Client and performed not during normal business hours (8am – 5pm, Monday – Friday) or work performed on a holiday (Christmas Eve, Christmas Day, Thanksgiving, Mardi Gras Day, Independence Day, New Year’s Day, Memorial Day, & Labor Day). After hours support will be billed separately at 1.5 times current hourly rate per hour and holiday support will be billed at 2 times the current hourly rate per hour – minimum of 2 hours.
Advantage Voice Hosted VoIP Services Terms and Conditions with Acceptable Use Policy
SIGNING UP FOR ADVANTAGE IT MANAGEMENT’S VOIP SERVICE CREATES A CONTRACT BETWEEN YOU AND US, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS AGREEMENT. ANY ONE OF THE FOLLOWING ACTIONS CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS: (1) ACCEPTING THE TERMS AND CONDITIONS ELECTRONICALLY DURING THE ORDERING PROCESS AND/OR UPON LOGGING ON TO USE YOUR SERVICE, (2) YOUR SUBMISSION OF AN ORDER, (3) YOUR USE OF THE SERVICE DESCRIBED HEREIN. THROUGH THESE ACTIONS YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT.
1. INTRODUCTION. These ADVANTAGE IT MANAGEMENT VOIP Service Terms and Conditions, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time (collectively, the “Agreement”), constitutes the entire agreement between ADVANTAGE IT MANAGEMENT, Inc., an Arizona corporation (hereinafter referred to as “we,” “us” or “ADVANTAGE IT MANAGEMENT”) and the party set forth in the related registration order form (herein after referred to as “you,” “user” or “Customer”) regarding ADVANTAGE IT MANAGEMENT’s Service (as defined herein), and supersedes all prior agreements, discussions and writings between the parties regarding the subject matter of this Agreement. For purposes of this Agreement, the term “ADVANTAGE IT MANAGEMENT” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, attorneys and any other service provider that furnishes services or devices to you in connection with this agreement.
2.1. “Device” means a ADVANTAGE IT MANAGEMENT-provided telephone, telephone adapter (“Adapter”), router, or other device used with the Services.
2.2. “Documentation” means user manuals and other documentation relating to the Services, which are available to Customer by Advantage IT Management accessible via the Internet or in the form of printed media.
2.3. “Services” means the products and services that are being provided to you as described in any quote or order form, including, but not limited to, Advantage IT Management’s Unified Communication services, collaboration services, and any associated software, hardware or web-based platform. “Service” shall also include any additional Services provided to you as described in any addendum or amendment.
2.4. “Software” means any proprietary software owned by, licensed by, or which Advantage IT Management has a right to sublicense under this Agreement, which software is either provided to Customer under this Agreement or is used in or used to provide the Services.
3. REVISIONS TO TERMS AND PRICING. From time to time, we may revise the terms and conditions of this Agreement (including, without limitation, any of the policies incorporated by reference) and the pricing (except during the term of a Minimum Commitment Contract) for the Service. Notice of revisions to the Agreement or pricing shall be posted on the ADVANTAGE IT MANAGEMENT Website (“the Website”) and deemed given and effective on the date posted to the Website. If you do not agree to the revision(s), you must terminate your Service immediately, subject to the Termination provisions provided in this Agreement. By continuing to use the Service after revision(s) are in effect, you hereby accept and agree to all such revisions.
4. CUSTOMER REPRESENTATIONS. You represent and warrant that your primary residence or business address is in the United States. You represent and warrant that you are at least eighteen (18) years of age or, as applicable, the age of majority in the country, state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You represent and warrant that your name, user name, contact information and registered location are true and correct and if for business use, you are authorized to act on behalf of your company. You understand that ADVANTAGE IT MANAGEMENT relies on the information you supply and that providing false or incorrect information may result in Service provisioning and delivery delays, the suspension or termination of your Service and the inability of a 911-dialed call to be correctly routed to emergency service personnel, as further explained below. You agree to promptly notify ADVANTAGE IT MANAGEMENT whenever your personal or billing information changes (including, but not limited to, your name, address, e-mail address, telephone number, and credit card number and expiration date). You agree to be financially responsible for your use of the Service as well as for use of your account by others. IN THE EVENT THAT YOU ARE NOT AUTHORIZED TO ACCEPT THESE TERMS AND CONDITIONS ON BEHALF OF YOUR BUSINESS/RESIDENCE, YOU AGREE TO BE PERSONALLY RESPONSIBLE FOR THE TERMS OF THIS AGREEMENT.
5. USE OF SERVICE AND DEVICE.
5.1. Business Plans. Service is provided to you as a business user, for your business and home office use. This means that you are not using it for any personal, residential, nonbusiness and nonprofessional purpose. This also means that you are not to resell or transfer the Service to any other person for any purpose or make any charge for the use of the Service, without express written permission from ADVANTAGE IT MANAGEMENT in advance. ADVANTAGE IT MANAGEMENT reserves the right to immediately terminate, change the calling plan or modify the Service if ADVANTAGE IT MANAGEMENT determines, in its sole discretion, that you are using the Service for non business or non-commercial use.
5.2. Restrictions. You shall not: (a) copy or adapt the Software or the Services for any purpose, except as specifically permitted under this Agreement; (b) use the Software or Services except in accordance with all applicable laws and regulations, and except as set forth in the Documentation; (c) reverse engineer, translate, decompile, or disassemble the Software or Services; (d) use the Software or Services in any outsourcing, application service provider, time-sharing or service bureau arrangement, including, without limitation, any use to provide services or process data for the benefit of, or on behalf of, any third party other than the Customer; or (e) cause or permit the disabling or circumvention of any security mechanism contained in or associated with the Software or Services.
5.3 Residential Plans. If you subscribe to our residential services, we provide you with the Service and the Device solely for residential use. ADVANTAGE IT MANAGEMENT reserves the right to immediately terminate, change the calling plan or modify the Service if ADVANTAGE IT MANAGEMENT determines, in its sole discretion, that you are using the Service for non residential use.
5.4. User Responsibility. You agree that you are responsible for all use(s) related to your account. You understand this means that you accept full liability and responsibility for your actions or the actions of anyone who uses the Service via your account with or without your permission. You acknowledge that ADVANTAGE IT MANAGEMENT will be sending you information, including your Password, via e-mail over the Internet. You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use or corrupt the information and telephone calls you transmit over the Internet. In order to maintain the security of your Service, you should safeguard your User IDs and Passwords, as well as the media access control (MAC) address of the Adapter. The MAC address is one of the pieces of information used by ADVANTAGE IT MANAGEMENT to authenticate customer calls and should not be shared.
5.5. Use of Service and Device by Customers Outside the United States. While Advantage IT Management encourages use of the Service within the United States to other countries, Advantage IT Management does not presently offer or support the Service to customers located in any countries other than the United States. Advantage IT Management’s Services are only for use by persons or entities whose primary residence or business address is in the United States. Advantage IT Management’s Services are designed to work generally with unencumbered high-speed internet connections. However, if the high-speed internet connection you are using is outside the United States and/or your ISP places restrictions on the usage of VoIP services, Advantage IT Management does not represent or warrant that use of the Service by you is permitted by any other jurisdictions or by any or all the ISPs. If you remove the Device to a country other than the United States or use the Service from there, you do so at its own risk, including the risk that such activity violates local laws in the country where you do so. You will be solely responsible for any violations of local laws and regulations or violations of ISP terms of service resulting from such use. You also agree to indemnify us for any claims, damages or expenses resulting from your use of the Services outside of the United States. Advantage IT Management reserves the right to disconnect Services immediately if Advantage IT Management determines, in its sole and absolute discretion, that you have used the Service or the Device in violation of applicable laws, including without limitation laws of jurisdictions outside the United States. You are solely liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you.
5.6. Account Ownership. The owner of the account under which the Services are ordered shall be the legal entity (e.g., corporation, partnership, individual) that signs up for the Services with ADVANTAGE IT MANAGEMENT. If no legal entity is provided upon sign-up, the account owner shall be the owner of the credit card used to open such account. Subsequent changes to ownership must be supported by appropriate legal documentation. ADVANTAGE IT MANAGEMENT shall not adjudicate ownership-related disputes, or any other internal business dispute. If ADVANTAGE IT MANAGEMENT is unable to determine the valid owner of the account, ADVANTAGE IT MANAGEMENT reserves the right to suspend or terminate the account and Services.
5.7. Unlimited Toll-Free Calling. Unlimited Toll-Free Calling is limited to receiving calls originating in the United States only.
6. LOCAL NUMBER PORTABILITY. In the event you are transferring an existing phone number that currently is subscribed to another carrier, the following terms and conditions apply:
6.1 Authorization. You hereby authorize ADVANTAGE IT MANAGEMENT to process your order for the Service and to notify your local service provider of your decision to switch your local services to ADVANTAGE IT MANAGEMENT and to transfer your telephone number, and represent that you are authorized to take these actions. You may be required to complete a letter of authorization, provide us with a copy of your most recent bill from your service provider, as well as provide us with any other information required by your service provider to port your number. Failure to provide any information requested by ADVANTAGE IT MANAGEMENT or the third party services provider will delay the porting of the number to ADVANTAGE IT MANAGEMENT. You acknowledge that the porting of your numbers is dependent upon the cooperation of you and third parties not under the control of ADVANTAGE IT MANAGEMENT. ADVANTAGE IT MANAGEMENT shall not be responsible for any delay in the port of your number and will not provide credit for any such delays.
6.2 Activation. You agree and acknowledge that you must install and activate your Device prior to the date that the number switch becomes effective. You will be assigned a temporary telephone number until your transfer is completed. You may place and receive calls using this temporary number until such time as your phone number is transferred.
6.3 Limitation. ADVANTAGE IT MANAGEMENT has the right to refuse to import a number if, in its sole discretion, it does not have the infrastructure to support the number.
6.4. Unauthorized Port Outs. You acknowledge and agree that telephone or facsimile numbers may be ported out from your Services or your account due to acts or omissions of third parties, and it may be difficult or impossible for ADVANTAGE IT MANAGEMENT to: (i) prevent such port-outs: (ii) retrieve numbers ported-out of your account; or (iii) port such numbers back into your account. ADVANTAGE IT MANAGEMENT has no responsibility or liability due to such port-outs.
6.5 Fees. In the event that the site is not ready for porting outside the connection and equipment provided by Advantage IT Management, there may be charges incurred if porting is cancelled or supplemental before the number port occurs. A charge of $10 NRC per telephone number may be incurred if the port is canceled or supplemental more than 48 hours before the Confirmed Port Date. A charge of $75 NRC per telephone number may be incurred if the port is cancelled or supplemental within 48 hours before the Confirmed Port Date. A Reinstatement/Snap- Back charge of $400 per telephone number may be incurred if the port is cancelled within 24 hours of the Confirmed Port Date. A Port Out Fee of $6.00 per telephone number will be charged for any number ported away within 12 months of porting to Advantage IT Management. Port Out Fee is $14.00 per telephone number ported away within 12 months for Canada, Hawaii, Alaska, and Puerto Rico.
7. SERVICE DISTINCTIONS. You acknowledge and understand that the Service is not a telephone service, and we provide it on a best efforts basis. Important distinctions exist between telephone service and the enhanced Service offering provided by ADVANTAGE IT MANAGEMENT. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before Federal and State telecommunications regulatory agencies or judicial forums. Events beyond our control may affect our service, such as power outages, fluctuations in the internet, your underlying ISP or broadband service, or maintenance. We will act in good faith to minimize disruptions to your use of and access to our service.
7.1. EMERGENCY SERVICES – 911 DIALING. You acknowledge and understand that ADVANTAGE IT MANAGEMENT 911 dialing is different than traditional 911 service. See complete 911 disclosure posted on our Web site at www.Advantage IT Management.com. YOUR SERVICE WILL NOT BE ACTIVATED UNTIL ADVANTAGE IT MANAGEMENT RECEIVES AN AFFIRMATIVE ACKNOWLEDGMENT THAT YOU HAVE READ AND UNDERSTOOD ADVANTAGE IT MANAGEMENT’S 911 DISCLOSURE AGREEMENT.
7.2. No 0+ or Operator Assisted Calling; May Not Support X11 Calling. You acknowledge and understand that the Service does not support 0+ or operator assisted calling, including, without limitation, collect calls, third party billing calls, 900, calling card calls or dial-around calls. Our Service may not support 311, 511, and other x11 services in one or more service areas.
7.3. 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.
7.4. Incompatibility with Other Services.
7.4.1. Non-Voice Equipment Limitations. You acknowledge and understand that the Service is not compatible with all non-voice communications equipment, including but not limited to, some home and office security systems that are set up to make automatic phone calls, emergency phones in elevators, some aspects of satellite TV systems, digital entertainment systems, fax machines, modems and medical monitoring devices. By accepting this Agreement, you waive any claim you may have against ADVANTAGE IT MANAGEMENT for interference with or disruption of such systems due to the Service.
7.4.2. Certain Broadband, Cable Modem, and Other Services. There may also be other services with which our Service may be incompatible. Some providers of broadband service may provide modems that prevent the transmission of communications using the Service. We do not warrant that the Service will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of the Service with any particular broadband service.
7.5 Use Outside of the United States. As previously noted there are limitations with the Service’s access to 911. Advantage IT Management’s Service does not provide access to emergency services in any country outside of the United States. Advantage IT Management disclaims any obligation to provide you with access to emergency services in any jurisdiction other than the United States.
8. LENGTH OF SERVICE.
8.1. Service Term. We provide the Service for the term that you have signed up for. Your term begins on the date you first ordered service (the “Subscription Date”), or the date we successfully process your payment, whichever is later. It is not the day you receive the Device you ordered or the first time you use the Service. You are purchasing the Service for the full service term as set forth in the Order.
8.2. Automatic Renewal. Advantage IT Management shall automatically renew the Service for the same term on your Subscription Date unless you cancel your Service before the end of the current service term. See “Termination of Service” Section 8.4. The renewal begins on the day after the last day of your term. The renewal will be charged to your payment method (credit card) on file, which may include any payment method automatically updated by your issuing bank. If your credit card is declined, invalid, or payment is not made by the issuer of your credit card on your Subscription Date, without further notice Advantage IT Management reserves the right to automatically recharge the payment method until payment is received, the payment method is updated, or the Service is discontinued for nonpayment.
8.3. Our right to disconnect. You understand and agree that Advantage IT Management has the right to suspend, terminate or disconnect any part of Your Service generally at any time if:
8.3.1. We determine or reasonably believe that You are violating, or violated, any applicable law;
8.3.2. We determine or reasonably believe that You materially breached this Agreement and/or the AUP;
8.3.3. We determine or reasonably believe that You used a fraudulent credit card to pay for the Services;
8.3.4. We determine or reasonably believe that You abused or harassed (verbally or otherwise) any Advantage IT Management employee, contractor, agent or representative;
8.3.5. We are ordered by law enforcement or other government agencies to suspend, terminate or disconnect your Services;
8.3.6. You bring any legal action or proceeding against Advantage IT Management, or participate in any class action lawsuit against Advantage IT Management;
8.3.7. A petition in bankruptcy is filed by or against You and such petition is not dismissed within thirty (30) days after the effective filing date thereof, or a trustee or receiver is appointed over You or Your material assets;
8.3.8. We determine that such action is necessary to protect maintain, or improve the Services, to prevent fraud or misrepresentation, to protect Advantage IT Management, its customers or other third party Advantage IT Management affiliates, or for any other good cause.
8.3.9. It is otherwise contemplated by this Agreement.
8.3.10. You fail to make payment. All charges owed at the time of disconnection will be immediately payable. We will pursue collection for unpaid amounts on disconnected accounts and may report these unpaid charges to credit bureaus.
8.4. Termination of Service. In order to terminate the Service, requests must be received in writing at least 60 days prior to expiration of the current service term by registered or certified mail, return receipt requested, to Advantage IT Management, Inc. at 207 Tanner Williams CT Suite E, Mobile, AL 36608 or by email to firstname.lastname@example.org, with confirmed receipt by Advantage representative. In event of Customer’s early termination of this agreement prior to the expiration of any fixed term, Customer shall pay Advantage IT Management all charges for service provided through the effective date of such termination, plus 100% of the balance of the term’s Monthly Recurring Charges (MRC), and the retail purchase amount for any hardware provided to customer as a part of a rental agreement or hardware as a service. Payment of these items must be made within 30 business days of invoicing by Advantage IT Management, Inc. It is agreed that Advantage IT Management’s damages, if services were terminated prior to the expiration of the Agreement Term, would be difficult or impossible to ascertain. Accordingly, the terms of this paragraph are intended as liquidated damages and not as a penalty in the event of early termination. Termination of service shall not relieve Customer of its obligation to pay all fees for service accrued and owing up to and including the date of termination or any other amount payable to Advantage IT Management.
9.1. Ownership and Risk of Loss. You will own the Device and bear all the risk of loss, theft, or damage regardless of the payment schedule selected for Services and Devices. Minimum Commitment Contracts for Services and Devices may include early termination fees. Returns of non-defective Devices outside of the initial 30 day moneyback guarantee period will not be accepted. Refer to the Cancellation policy for more information.
9.2. Rented Devices. For the purposes of this section “Rented Devices” means any Device leased to Client by Advantage IT Management or Advantage IT Management agents or any other third-party with or without a separate charge or fee in connection with the Services. Section 9.1 above will not apply to Rented Devices. Unless otherwise agreed upon, Client agrees that within thirty (30) days after the expiration of the Term of any Device Rental Agreement or termination of this Agreement, Client will promptly return all Rented Devices to Advantage IT Management. Client will be responsible for (i) any damage to the Rented Devices as assessed by Advantage IT Management upon receipt, (ii) the replacement cost of such Rented Devices if it is lost, misplaced, not delivered or stolen during transit, and (iii) shipping/handling costs. Client agrees to pay the full retail cost for the repair or replacement of any Rented Device or part that is lost, stolen, damaged, modified, sold, transferred, leased, encumbered or assigned together with any costs incurred by Advantage IT Management in obtaining or attempting to obtain possession of any Rented Devices.
9.3. Promotional Devices. Devices included in a service offering at no charge may be previously used equipment. Unless otherwise provided in a Minimum Commitment Contract, Devices not returned upon cancellation of the Service will be charged to the customer. See Cancellation policy for details.
9.4. Replacement of a Defective Device. Devices purchased from ADVANTAGE IT MANAGEMENT will be covered by their respective factory warranties, if any, only. ADVANTAGE IT MANAGEMENT does not offer any warranty in addition to, or in replacement of any factory warranties. If a factory warranty applies, then prior to returning the equipment, you must contact ADVANTAGE IT MANAGEMENT at support@AdvantageITM.com so that ADVANTAGE IT MANAGEMENT may determine whether a defect exists and to receive an RMA number, which is required along with the return. You must ship the equipment to the manufacturer at the address provided by ADVANTAGE IT MANAGEMENT in accordance with all RMA procedures. You have 7 days after receipt of an RMA to ship the equipment back to the manufacturer at the address we provide. You must pay all shipping fees. Once the manufacturer has received the equipment, a replacement will be sent to you in accordance with the factory warranty, if any. If an advance replacement is provided and the factory has not received the defective Device within 14 days or it was not in a returnable condition, (original carton, all packing materials and parts in the same condition in which you received them), then ADVANTAGE IT MANAGEMENT will charge you for the second device or for the missing parts.
9.5. Receipt of damaged Devices. If you receive cartons or Devices that are visibly damaged, you must note the damage on the carrier’s freight bill or receipt and keep a copy. You must also keep the original carton, all packing materials, and parts in the same condition in which you received them from the carrier. You must then contact our Customer Care Department immediately at support@AdvantageITM.com for return instruction.
9.6. Tampering with the Device. You may not change the electronic serial number or equipment identifier of your Device or perform a factory reset of your Device without first getting our written consent.
9.7. Prohibited Devices. You are prohibited from using the Services with any devices other than ADVANTAGE IT MANAGEMENT-approved devices received from retailers or from us.
10. FEES AND CHARGES.
10.1. Fees and charges may change from time to time (except pricing will not change during the term of a Minimum Commitment Contract). New pricing will be applied to renewals of existing services. We may introduce new products and services at special introductory pricing. Introductory pricing will not be applied retroactively to existing services and may be applied for only limited periods of time. At our discretion, we may change introductory pricing. Certain service charges, such as Regulatory Recovery Fees, Universal Service Fund fees, and E911 fees, are subject to change from time to time and are applicable to ALL Customers regardless of a Minimum Commitment Contract.
10.2. Billing increments. All billing policies are defined by the specific package the customer chooses. Please refer to the Web site for exact billing policies.
10.3. Taxes. Taxes Customer is responsible for, and shall pay are any applicable federal, state, municipal, local or other governmental sales, use, excise, Universal Service Fees, value-added, personal property, public utility and other taxes, fees and charges now in force or enacted in the future, that arise from or as a result of Customer’s subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Device and will be billed to you. If Customer is exempt from payment of such taxes, you will provide ADVANTAGE IT MANAGEMENT with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date ADVANTAGE IT MANAGEMENT receives such certificate.
10.4. Charges for Directory Calls (411). We will charge you $1.25 for each call you make to ADVANTAGE IT MANAGEMENT directory assistance.
10.5. Charges for Calls from Public Payphones. We reserve the right to charge you for any tolls or fees resulting from calls you receive from public payphones.
10.6. Activation Fee. One-time activation fees and any other installation fees that may apply are specified in your services quote and vary by product and plan chosen.
10.7 Regulatory Recovery Fee. A Regulatory Recovery Fee shall be charged monthly to offset costs incurred by ADVANTAGE IT MANAGEMENT in complying with inquiries and obligations imposed by federal, state and municipal regulatory bodies/governments and the related legal and billing expenses. This fee is not a tax or charge required or assessed by any government. The Regulatory Recovery Fee may apply to every phone number assigned, including toll free and virtual numbers.
10.8 Reinstatement Fee. Reinstating any service deactivated for non-payment of fees shall result in a reinstatement fee up to $25.
11. BILLING AND PAYMENT.
11.1. Billing. We will charge you in advance for each term of service. When you subscribe to the Service, you must give us a valid email address and a payment method (ACH or credit card) that we accept. We reserve the right to stop accepting your payment method or your payments. You must advise us at once if your payment method expires, you close your account, your billing address changes, your email address changes, or your payment method is cancelled and replaced on account of loss or theft. Except for usage-based charges, we will bill in advance to your payment method all charges, fees, taxes, and surcharges for each service term. We will bill monthly as due immediately usage-based charges and any other charges which we decide to bill as due immediately. Bills will be posted to the customer portal and emailed to the email address on record.
11.2. Payment. When you subscribe to the Service, you authorize us to collect from your payment method. This authorization will remain valid until thirty (30) days after you terminate our authority to charge your payment method.
11.3. Collection. If we disconnect the Service, you will remain liable to us for all charges under this agreement and all the costs we incur to collect these charges, including, without limitation, collection costs and attorney’s fees. You also agree to pay any additional charges or fees applied to your billing account for any reason, including but not limited to, interest and charges due to insufficient credit.
11.4. Notices. You understand that it is difficult for us to distinguish between credit and debit cards. You agree to waive your rights under Regulation E to receive ten (10) days advance notice from us regarding the amount that we will debit from your account. While we may send you messages about your billing from time to time, we are not obligated to do so. We may change or cease our messages at any time without notice to you.
11.5. Billing Disputes. You must notify ADVANTAGE IT MANAGEMENT in writing within seven (7) days after receiving your credit card statement or from the time funds are debited from your bank account if you dispute any ADVANTAGE IT MANAGEMENT charges on that statement or that have been debited from your account, or such dispute will be deemed waived. Notification of all billing disputes shall be sent to the following address: billing@AdvantageITM.com.
11.6 Prepaid Services. All prepaid fees being provided to you as described in any quote or order form and other payments by you under this Agreement are non-refundable and non-creditable.
12. PRICING AND PAYMENT.
12.1. Prices and Fees. ADVANTAGE IT MANAGEMENT fees and charges for the Service are supplied to you during the ordering process unless otherwise provided for in this Agreement. You agree to pay the applicable one-time and recurring charges. You further agree that any taxes and other charges, including but not limited to, account setup fees, Adapter fees, Device charges, shipping and handling and other nonrecurring charges will be charged to your credit card. Recurring charges will be billed and automatically charged to your credit card on the first day of every billing cycle. Your billing cycle will begin on the anniversary date of your subscription date as defined in section 8.1.
12.2. YOU AGREE THAT WE MAY CHARGE YOUR CREDIT CARD FOR ALL AMOUNTS DUE TO US WITHOUT ADDITIONAL NOTICE OR CONSENT. You agree to provide a credit card and not a debit card. If your card is a combination credit card/debit card, you authorize us to use it as a credit card. If your issuing bank automatically provides us with an updated credit card, you agree that we may charge this new credit card for all amounts due to us without additional notice or consent. You also agree to indemnify us for any claims, damages or expenses resulting from providing a debit card instead of a credit card. If your credit card is declined, is invalid or payment is not made by the issuer of your credit card at the time that a charge is attempted, you will not be able to use the Service until your account is paid in full.
12.3. Credit Balance Account. Your credit balance account has been established to cover incidental charges on your account that are not covered by your subscription fee. For example, international calls, toll free charges, Directory Assistance calls and taxes related to these calls are automatically charged to your credit balance account. A certain credit limit will be set on your account based upon your service plan and credit history. When the balance of your credit account reaches the credit limit, your account will be unable to make additional calls until the balance is paid down. You can make payments to reduce your credit balance account at any time by contacting our Customer Care Department at 251-662-9770 or by email to support@AdvantageITM.com. Any credit balance used as of your subscription renewal or monthly anniversary date will be charged to the credit card on file.
12.4. Credit Terms. All Services provided to You and covered by the Agreement shall at all times be subject to credit approval or review by ADVANTAGE IT MANAGEMENT. You will provide such credit information or assurance as is requested by ADVANTAGE IT MANAGEMENT at any time. ADVANTAGE IT MANAGEMENT, in its sole discretion and judgment, may discontinue credit at any time without notice or require a deposit.
12.5. Discontinuation of Service for Nonpayment. The Service to you may be denied or discontinued without notice at any time in the event your credit card provider denies or discontinues providing credit to you for any reason, or you fail to provide us with a new credit card expiration date before the existing one expires. If your credit card fails for any reason during the ordering process, or any regular or monthly billing process, you will have 24 hours to provide ADVANTAGE IT MANAGEMENT your new credit card information. If the credit card issue is not resolved within 48 hours, ADVANTAGE IT MANAGEMENT will deactivate the Service. If your credit card is approved within 24 hours, your calling plan and billing cycle will remain unchanged. We reserve the right to modify the per minute calling plan at any time. You agree to pay all charges owed to ADVANTAGE IT MANAGEMENT, including but not limited to the reinstatement fee for reactivated services. In the event ADVANTAGE IT MANAGEMENT utilizes a collection agency or resorts to legal action to recover monies due, you agree to reimburse us for all expenses incurred to recover such monies, including attorneys’ fees.
12.6. Promotions. ADVANTAGE IT MANAGEMENT may limit the number of promotions you may be eligible for in a given period. Promotions may be cancelled by ADVANTAGE IT MANAGEMENT at any time.
12.7. Cancellation Policy. ADVANTAGE IT MANAGEMENT cancellation policies are outlined in the Cancellation Policy posted at our Web site at Advantage IT Management.com and are incorporated into this policy with this reference. All cancellation requests must be submitted in the form of an email ticket to support@AdvantageITM.com or by calling our Customer Care Department at 1-251-662-9770 and must be made prior to the expiration of the Service term. See the cancellation policy for details. Changes to the Cancellation Policy may be made at any time without notice to you and is effective the day following posting to our Web site.
13. Acceptable Use Policy. You agree to comply with the ADVANTAGE IT MANAGEMENT Acceptable Use Policy (“AUP”), which is posted on our Web site at AdvantageITM.com/terms-and-conditions.html and is incorporated into this policy with this reference. Changes to the AUP may be made at any time without notice to you and is effective the day following posting to our Web site.
14. MANAGEMENT OF YOUR DATA AND COMPUTER.
14.1. System Management and Service Performance. You are solely responsible for obtaining, installing, configuring and maintaining suitable equipment, including your computer and telephone and software, including any necessary system or software upgrades, patches or other fixes which are or may become necessary to access the Service and to operate your computer. ADVANTAGE IT MANAGEMENT will only provide technical assistance with respect to your ADVANTAGE IT MANAGEMENT-provided Adapter.
14.2. Monitoring of Network Performance. ADVANTAGE IT MANAGEMENT automatically measures and monitors network performance. We also will access and record information about your computer’s profile and settings and the installation of the Software in order to provide customized technical support. No adjustments to your computer settings will be made without your permission. You hereby consent to ADVANTAGE IT MANAGEMENT’s monitoring of your Internet connection and network performance, and the access to and adjustment of your computer settings, as set forth above, as they relate to the Service.
14.3. Storage of User Information. ADVANTAGE IT MANAGEMENT is not obligated to store Your communications logs, voicemails, faxes, emails, or other messages and does so only as a convenience to You. You agree that ADVANTAGE IT MANAGEMENT has no responsibility or liability whatsoever for the deletion or failure to store any call log information, voicemails, faxes, e-mails, messages, and/or other communications maintained or transmitted by the Services. You acknowledge and agree that ADVANTAGE IT MANAGEMENT may establish limits as to the size of communications that ADVANTAGE IT MANAGEMENT transmits or stores and the duration for which ADVANTAGE IT MANAGEMENT stores any communications.
15. LIMITATION ON WARRANTIES, REMEDIES AND LIABILITY, INDEMNIFICATION.
15.1.1 ADVANTAGE IT MANAGEMENT MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING THE SERVICE OR DEVICE OR THE INSTALLATION OF SAME AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. ADVANTAGE IT MANAGEMENT DOES NOT WARRANT THAT THE SERVICE OR DEVICE WILL FUNCTION WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. ADVANTAGE IT MANAGEMENT DOES NOT AUTHORIZE ANYONE, INCLUDING BUT NOT LIMITED TO ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. CUSTOMER AGREES THAT IT ACCEPTS THE SERVICE AND DEVICE “AS IS” AND THAT CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR REFUND IN THE EVENT OF ANY DEFECT. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST ADVANTAGE IT MANAGEMENT TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW.
15.1.2. WE WILL NOT GIVE YOU CREDIT FOR ANY INTERRUPTION OF ADVANTAGE IT MANAGEMENT SERVICE, INCLUDING INTERNATIONAL CALLING SERVICES.
15.2. LIMITATION OF LIABILITY.
15.2.1. IN NO EVENT SHALL ADVANTAGE IT MANAGEMENT BE LIABLE TO YOU, YOUR REPRESENTATIVES OR AUTHORIZED ASSIGNS OR ANYONE ELSE FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF REVENUE OR PROFITS, RELATING TO OR ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, THE ABSENCE, DELAY, FAILURE OR OUTAGE OF THE SERVICE, THE INABILITY TO DIAL 911 OR E911 TO ACCESS EMERGENCY SERVICE PERSONNEL, THE INABILITY TO DIAL SECURITY, LAW ENFORCEMENT OR FIRE PREVENTION/ PROTECTION SERVICES OR SYSTEMS, THE DEVICE, THE USE OF AND/OR INABILITY TO USE THE DEVICE, THE INSTALLATION OF THE DEVICE, AND/OR THIS AGREEMENT. NOR SHALL ADVANTAGE IT MANAGEMENT BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICE, INCLUDING 911 DIALING, AT ANY TIME OR FROM TIME TO TIME, OR FOR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY CAUSED BY ANY REASON INCLUDING BUT NOT LIMITED TO THE FOLLOWING: AN ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR THIRD PARTY, EQUIPMENT, NETWORK OR FACILITY FAILURE, EQUIPMENT, NETWORK OR FACILITY UPGRADE, SERVICE, MAINTENANCE, MODIFICATION, SHORTAGE, OR RELOCATION, FORCE MAJEURE EVENTS SUCH AS BUT NOT LIMITED TO ACTS OF GOD, ADVERSE WEATHER, STRIKES, FIRE, WAR, RIOT, GOVERNMENT ACTIONS OR TERRORISM, SERVICE, DEVICE, EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER OR INTERNET SERVICE TO ADVANTAGE IT MANAGEMENT OR CUSTOMER, AND ANY CAUSE THAT IS BEYOND ADVANTAGE IT MANAGEMENT’S CONTROL, INCLUDING WITHOUT LIMITATION THE FAILURE OF AN INCOMING OR OUTGOING COMMUNICATION, THE INABILITY OF COMMUNICATIONS TO BE CONNECTED OR COMPLETED, INCLUDING 911 DIALING, OR DEGRADATION OF VOICE QUALITY. ADVANTAGE IT MANAGEMENT SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO ADVANTAGE IT MANAGEMENT’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 ADVANTAGE IT MANAGEMENT’S NEGLIGENCE OR OTHER ACTS OR OMISSIONS. ADVANTAGE IT MANAGEMENT’S LIABILITY FOR ANY ACT OR OMISSION SHALL IN NO EVENT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD. THE LIMITATIONS SET FORTH HEREIN APPLY TO ALL 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 ADVANTAGE IT MANAGEMENT WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGE. FURTHER, YOU AGREE TO REIMBURSE ADVANTAGE IT MANAGEMENT FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS’ FEES AND LITIGATION COSTS. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST ADVANTAGE IT MANAGEMENT TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW.
16. INDEMNIFICATION AND WAIVER OF CLAIMS.
16.1.1. 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, AND YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ADVANTAGE IT MANAGEMENT AGAINST ANY AND ALL LIABILITY FOR ANY SUCH USE THAT FAILS TO COMPLY WITH THIS AGREEMENT. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ADVANTAGE IT MANAGEMENT FROM ANY AND ALL CLAIMS AND/OR LIABILITY FOR DAMAGES, PERSONAL INJURY, DEATH, FINES, PENALTIES, COSTS, EXPENSES, LOSSES, LOST PROFIT, LOST REVENUE, PROPERTY DAMAGE, ATTORNEYS’ FEES, AND ANY AND ALL OTHER DAMAGES OF WHATEVER KIND AND NATURE RELATING TO OR ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, THE ABSENCE, FAILURE OR OUTAGE OF THE SERVICE, THE INABILITY TO DIAL 911 OR E911 TO ACCESS EMERGENCY SERVICE PERSONNEL, THE INABILITY TO DIAL SECURITY, LAW ENFORCEMENT OR FIRE PREVENTION/ PROTECTION SERVICES OR SYSTEMS, THE DEVICE, THE USE OF AND/OR INABILITY TO USE THE DEVICE, THE INSTALLATION OF THE DEVICE, AND/OR THIS AGREEMENT UNLESS THE CLAIMS OR CAUSES OF ACTION ARISE FROM OUR GROSS NEGLIGENCE, RECKLESSNESS, OR WILLFUL MISCONDUCT. THIS SECTION SHALL SURVIVE THE AGREEMENT.
17. CONTENT. You are liable for all liability that may arise from the content you transmit to any person, whether or not you authorize it, using the Service or Device. You promise that you and anyone who uses the Service and all your and their content comply at all times with all laws, regulations, and written and electronic instructions for using the Service and the Device.
18. MISCELLANEOUS LEGAL CONSIDERATIONS.
18.1. Governing Law. This Agreement and the relationship between you and ADVANTAGE IT MANAGEMENT shall be governed by the laws of Arizona without regard to its conflict of law provisions. Any claim brought pursuant to this Agreement shall be brought in a court of competent jurisdiction within the State of Alabama and venue for any such claim shall be proper in the appropriate state or federal court located in Mobile County, Alabama.
18.2. No Waiver of Rights. Our failure to exercise or enforce any right or provision of this agreement will not constitute a waiver of the right or provision. ADVANTAGE IT MANAGEMENT reserves all of its rights at law and equity to proceed against anyone who uses the Services or Device illegally or improperly. All determinations by ADVANTAGE IT MANAGEMENT under this Agreement and exercise of its rights are made and done in our sole and absolute discretion.
18.3. 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 other third party beneficiary rights.
18.4. Entire Agreement. This Agreement, the Order, the applicable service description, the AUP, or any reference herein to the content of ADVANTAGE IT MANAGEMENT’s websites constitute the entire agreement between you and ADVANTAGE IT MANAGEMENT and govern your use of the Service, superseding any prior agreements between you and ADVANTAGE IT MANAGEMENT and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No changes to this Agreement shall be binding upon either you or ADVANTAGE IT MANAGEMENT unless they are agreed to in writing by both parties.
18.5. Severability. If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. This invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this agreement.
19. DISPUTE RESOLUTION AND BINDING ARBITRATION.
19.1. It is important that you read this entire section carefully. This section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury.
19.2. Arbitration. ADVANTAGE IT MANAGEMENT and you agree to arbitrate any and all disputes and claims between you and ADVANTAGE IT MANAGEMENT except with respect to claims for amounts owed for services rendered. Arbitration means that all disputes and claims will be resolved by a neutral arbitrator instead of by a judge or jury in a court. This agreement to arbitrate is intended to be given the broadest possible meaning under the law. It includes, but is not limited to: disputes and claims arising out of or relating to any aspect of the relationship between you and ADVANTAGE IT MANAGEMENT, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; disputes and claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); disputes and claims that may arise after the termination of this agreement; disputes and claims that are currently the subject of individual litigation; disputes and claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and disputes and claims concerning the scope of this arbitration provision. References to “ADVANTAGE IT MANAGEMENT,” “us” and “you” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the Service under this agreement or any prior agreements between you and ADVANTAGE IT MANAGEMENT.
19.3. Informal Resolution of Disputes. Our Customer Care Department can resolve most customer concerns quickly and to the customer’s satisfaction. If you have a dispute or claim against us, you should first contact the ADVANTAGE IT MANAGEMENT Customer Care Department at (251) 662-9770 and provide in detail, including documents or analysis supporting your position, the basis of your claim. Customer care shall be provided with 14 days in which to research and respond to your claim. In the event your dispute or claim is not resolved to your satisfaction, you may seek to have that dispute or claim resolved as set forth below.
19.4. Formal Notice of Disputes A party who intends to seek arbitration must first send to the other party a written “Notice of Dispute” setting forth in detail, including submission of supporting documentation, the grounds of your dispute. The Notice of Dispute to ADVANTAGE IT MANAGEMENT must be sent to ADVANTAGE IT MANAGEMENT, attention “General Counsel,” by certified mail addressed to 207 Tanner Williams Ct. Suite E, Mobile, AL 36608.
19.4.1. The Notice of Dispute must describe the nature and basis of the dispute or claim and set forth the specific relief sought. If you and ADVANTAGE IT MANAGEMENT do not reach an agreement to resolve the dispute or claim within thirty (30) days after the Notice of Dispute is received, you or ADVANTAGE IT MANAGEMENT may commence an arbitration proceeding. The amount of any settlement offer made by you or ADVANTAGE IT MANAGEMENT shall be non-discoverable and shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or ADVANTAGE IT MANAGEMENT is entitled.
19.5. Arbitrator and Arbitral Rules. The arbitration shall be administered by the American Arbitration Association (“AAA”). You may contact the AAA by telephone at 1-800-778-7879, by email at AAAUniversity@adr.org, or by mail at 3200 N. Central Ave, Ste 1560, Phoenix, AZ 85012. The arbitration shall be governed by the AAA’s Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”), as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800778-7879.
19.6. Waiver of Judge or Jury Trial. You and ADVANTAGE IT MANAGEMENT agree that, by entering into this agreement, you and ADVANTAGE IT MANAGEMENT are waiving the right to a trial by judge or jury.
19.7. Waiver of Class Actions. You and ADVANTAGE IT MANAGEMENT agree that the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and ADVANTAGE IT MANAGEMENT agree that you and ADVANTAGE IT MANAGEMENT may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You and ADVANTAGE IT MANAGEMENT agree that, unless you and ADVANTAGE IT MANAGEMENT agree otherwise, the arbitrator may not consolidate more than one person’s or entity’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific waiver of class actions provision, or any portion thereof, is found to be unenforceable, then the entirety of this dispute resolution and binding arbitration provision shall be null and void.
19.8. Statute of Limitations. You must present a claim within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute (except for billing disputes which are subject to section 10 and 11 of the agreement), or you waive the right to pursue a claim based upon such event, facts, or dispute.
19.9. Exceptions to Arbitration Agreement. Notwithstanding the obligation to arbitrate and any other provisions to the contrary herein, you and we agree that with respect to claims for unpaid invoices: (a) we may take our dispute to small claims court, if the contained dispute qualifies for hearing by such court; (b) if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement; (c) you or we may take any disputes over the validity of any party’s intellectual property rights to a court of competent jurisdiction; (d) any dispute related to or arising from allegations associated with fraudulent or unauthorized use, theft, or piracy of service may be brought in a court of competent jurisdiction; and (e) either you or we may seek any interim or preliminary relief from a court of competent jurisdiction, necessary to protect the rights or property of you or ADVANTAGE IT MANAGEMENT, pending the completion of arbitration.
19.10. Modification of Arbitration. If ADVANTAGE IT MANAGEMENT makes any substantive change to this arbitration provision, you may reject any such change and require ADVANTAGE IT MANAGEMENT to adhere to the language in this provision.
19.11. Venue/Jurisdiction. All claims for Arbitration shall be submitted to and heard in Mobile County, Alabama. Should an evidentiary hearing be required by the Arbitrator, such hearing shall be heard in Mobile County, Alabama.,
21. EXPORT COMPLIANCE. You agree to comply fully with all relevant export laws and regulations of the United States, including but not limited to the U.S. Export Administration Regulations, administered by the Department of Commerce, Bureau of Industry and Security. You also expressly agree that Customer shall not export, directly or indirectly, re-export, divert, or transfer any portion of the Service or Device, including, without limitation, to any destination, company, or person restricted or prohibited by U.S. export controls.
22. RECORDING CONVERSATIONS. Certain ADVANTAGE IT MANAGEMENT Services provide a function that allows You to record individual telephone conversations. The laws regarding the notice, notification, and consent requirements for recording conversations vary from state to state. In some states, You are required to obtain consent from all parties to a record a conversation. You are solely responsible for complying with all federal, state, and local laws in any relevant jurisdiction when using this feature. ADVANTAGE IT MANAGEMENT expressly disclaims all liability with respect to your recording of telephone conversations. You hereby agree to fully, finally, and forever release, discharge, hold harmless, and fully indemnify ADVANTAGE IT MANAGEMENT from and against any damages or liabilities of any kind related to Your recording of any telephone conversations using the Services. You agree that ADVANTAGE IT MANAGEMENT, may at its sole discretion, record any call between ADVANTAGE IT MANAGEMENT and You for ADVANTAGE IT MANAGEMENT quality control purposes.
23. ASSIGNMENT. ADVANTAGE IT MANAGEMENT may assign all or part of its rights or duties under the Agreement without notifying you. If we do that, we have no further obligation to you. You may not assign the Agreement or the Service or Device without our prior written agreement.
24. SURVIVAL. The provisions of this Agreement relating to indemnification, limitations on liability, warranty limitations and disclaimers, resolution of disputes, billings and your obligation to pay for the Service provided and any additional usage charges, shall survive the termination of the Agreement and the termination of the Service.
25. CALEA. ADVANTAGE IT MANAGEMENT intends to fully comply with the Communications Assistance for Law Enforcement Act (“CALEA”). By using the Service, you hereby agree and consent to ADVANTAGE IT MANAGEMENT’s right to monitor and otherwise disclose the nature and content of your communications if and as required by CALEA without any further notice to you.
26. FORCE MAJEURE (EVENTS BEYOND ADVANTAGE IT MANAGEMENT’S CONTROL). ADVANTAGE IT MANAGEMENT shall be excused from any delay or failure in performance hereunder caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, riots, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties as may occur in spite of ADVANTAGE IT MANAGEMENT’s best efforts.
27. SOFTWARE COPYRIGHT Any software used by ADVANTAGE IT MANAGEMENT to provide the Service and any software provided to you in conjunction with providing the Service is protected by copyright law and international treaty provisions. You may not copy the software or any portion of it. Furthermore, you may not delete, alter, cover, or distort any copyright or other proprietary notices or trademarks provided to you as part of the Service.
28. COPYRIGHT AND TRADEMARK; COPYRIGHT INFRINGEMENT; DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE. Our Web site content, our materials, services, logs, service marks and trademarks are protected by trademark, copyright, or other intellectual property laws, and international treaty provisions. Infringement by you may result in civil or criminal prosecution.
Advantage Voice 911 Policy
- EMERGENCY 911 POLICY
REQUESTING EMERGENCY SERVICES. ADVANTAGE IT MANAGEMENT TERMS OF SERVICE
Welcome to ADVANTAGE IT MANAGEMENT Advantage Voice Phone Service.
THESE TERMS AND CONDITIONS STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF ADVANTAGE IT MANAGEMENT’S ADVANTAGE VOICE PHONE SERVICE. YOU SHOULD READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OURS. PLEASE NOTE: ADVANTAGE IT MANAGEMENT DOES NOT PROVIDE TRADITIONAL 911 SERVICES. YOU MUST MAINTAIN AN ALTERNATE MEANS OF REQUESTING EMERGENCY SERVICES
- 911 SERVICE & LIMITATIONS
- PLEASE READ THIS INFORMATION REGARDING 911 VERY
- 911 BACKGROUND: IN THE UNITED STATES, EMERGENCY SERVICE IS PROVIDED BY DIALING THE DIGITS “911.” WITH BASIC 911 SERVICE, WHEN YOU DIAL 911, LOCAL EMERGENCY OPERATORS ANSWERING THE CALL WILL NOT HAVE YOUR CALL BACK NUMBER OR YOUR EXACT LOCATION, SO YOU MUST BE PREPARED TO GIVE THEM THIS INFORMATION. UNTIL YOU GIVE THE OPERATOR YOUR PHONE NUMBER, HE/SHE MAY NOT BE ABLE TO CALL YOU BACK OR DISPATCH HELP IF THE CALL IS NOT COMPLETED OR IS NOT FORWARDED, IS DROPPED OR DISCONNECTED, OR IF YOU ARE UNABLE TO WITH ENHANCED 911 (E911) SERVICE, WHEN YOU DIAL 911, YOUR TELEPHONE NUMBER AND REGISTERED ADDRESS IS SIMULTANEOUSLY SENT TO THE LOCAL EMERGENCY CENTER ASSIGNED TO YOUR LOCATION, AND EMERGENCY OPERATORS HAVE ACCESS TO THE INFORMATION THEY NEED TO SEND HELP AND CALL YOU BACK IF NECESSARY. CERTAIN CUSTOMERS DO NOT HAVE ACCESS TO EITHER BASIC 911 OR E911 BECAUSE THERE ARE NO LOCAL EMERGENCY CENTERS IN THEIR AREA OR THEY DID NOT REGISTER FOR AN E911 SERVICE ADDRESS. IF YOU DO NOT HAVE ACCESS TO BASIC 911 OR E911, YOUR 911 CALL WILL BE SENT TO THE NATIONAL EMERGENCY CALL CENTER. A TRAINED AGENT AT THE EMERGENCY CALL CENTER WILL ASK FOR THE NAME, TELEPHONE NUMBER AND LOCATION OF THE CUSTOMER CALLING 911, AND THEN CONTACT THE LOCAL EMERGENCY CENTER FOR SUCH CUSTOMER IN ORDER TO SEND HELP.
EXAMPLES OF SITUATIONS WHERE 911 CALLS WILL BE SENT TO THE NATIONAL EMERGENCY CALL CENTER INCLUDE WHEN THERE IS A PROBLEM VALIDATING A CUSTOMER’S ADDRESS DURING 911 ADDRESS REGISTRATION, OR THE CUSTOMER IS LOCATED IN AN AREA THAT IS NOT COVERED BY THE LANDLINE 911 NETWORK.
EMERGENCY PERSONNEL DO NOT RECEIVE YOUR PHONE NUMBER OR PHYSICAL LOCATION WHEN YOUR 911 CALL IS ROUTED TO A NATIONAL EMERGENCY CALL CENTER. THEREFORE, YOU MUST BE PREPARED TO GIVE THE OPERATOR YOUR PHONE NUMBER AND LOCATION AND ANY OTHER INFORMATION THAT THE OPERATOR MIGHT REQUEST. BY SIGNING UP FOR ADVANTAGE IT MANAGEMENT’S VOIP SERVICE YOU AUTHORIZE THE NATIONAL EMERGENCY CALL CENTER TO DISCLOSE YOUR NAME AND ADDRESS TO THE THIRD PARTY OR PARTIES INVOLVED WITH PROVIDING EMERGENCY SERVICES TO YOU, INCLUDING, WITHOUT LIMITATION, CALL ROUTERS, CALL CENTERS AND LOCAL EMERGENCY CENTERS.
- ADVANTAGE IT MANAGEMENT’S BASIC 911 OR E911 SERVICE IS DIFFERENT THAN TRADITIONAL 911 LAND LINE CONSEQUENTLY, YOU MUST BE AWARE OF THE FOLLOWING:
YOU MUST REGISTER YOUR LOCATION: FOR EACH PHONE LINE THAT YOU UTILIZE WITH ADVANTAGE IT MANAGEMENT’S VOIP SERVICE, YOU WILL BE REQUIRED TO REGISTER THE PHYSICAL LOCATION (“REGISTERED LOCATION”) OF YOUR EQUIPMENT (E.G., SIP PHONE, PHONE ADAPTER, ETC.) WITH ADVANTAGE IT MANAGEMENT, EITHER ON ADVANTAGE IT MANAGEMENT’S WEBSITE OR BY CALLING CUSTOMER SERVICE. YOU MUST REMEMBER TO UPDATE THE REGISTERED LOCATION WHENEVER THE PHYSICAL LOCATION CHANGES. ADVANTAGE IT MANAGEMENT’S ONLY MECHANISM FOR ROUTING 911 CALLS TO THE CORRECT EMERGENCY CALL TAKER IS THE REGISTERED LOCATION FOR THE ACCOUNT. ANY ENHANCED LOCATION INFORMATION PASSED TO AN EMERGENCY OPERATOR BY ADVANTAGE IT MANAGEMENT WILL BE BASED UPON THE REGISTERED LOCATION PROVIDED TO ADVANTAGE IT MANAGEMENT BY YOU. FOR PURPOSES OF 911 DIALING, YOU MAY ONLY REGISTER ONE REGISTERED LOCATION AT A TIME FOR EACH PHONE LINE.
You acknowledge and understand that your failure to provide the current and correct physical address and location of your Equipment as the Service Address will result in any emergency calls you make being routed to the incorrect local emergency service provider. During the ordering process, you will provide ADVANTAGE IT MANAGEMENT the physical address where you will use your Service. When you dial 911 with ADVANTAGE IT MANAGEMENT, your call will be routed to the general telephone number for the Public Safety Answering Point (PSAP) or local emergency service personnel designated for the Service Address you have registered with ADVANTAGE IT MANAGEMENT. You acknowledge and understand that you may not be routed to a dispatcher who is specifically trained and designated to receive incoming emergency response calls, and it is possible that the lines at the PSAP will be occupied and that you will get a busy signal.
- YOUR E911 SERVICE WITH ADVANTAGE IT MANAGEMENT WILL NOT BE AVAILABLE UNDER THE FOLLOWING CIRCUMSTANCES:
- RELOCATION OF YOUR VOIP EQUIPMENT: IF YOU RELOCATE THE EQUIPMENT THAT YOU USE TO ACCESS ADVANTAGE IT MANAGEMENT’S VOIP SERVICE, YOU MUST UPDATE YOUR REGISTERED LOCATION. IF YOU DO NOT UPDATE YOUR REGISTERED LOCATION, ANY 911 CALL YOU MAKE USING ADVANTAGE IT MANAGEMENT’S VOIP SERVICE WILL BE ROUTED BASED ON YOUR PREVIOUSLY PROVIDED REGISTERED LOCATION AND THEREFORE MAY NOT BE ROUTED TO THE APPROPRIATE PUBLIC SAFETY ANSWERING POINT FOR YOUR CURRENT ONCE YOU NOTIFY ADVANTAGE IT MANAGEMENT OF A CHANGE IN YOUR REGISTERED LOCATION, THERE MAY BE A DELAY IN MAKING THE NEW REGISTERED LOCATION AVAILABLE TO PROPERLY ROUTE 911 CALLS AND TO ADVISE EMERGENCY PERSONNEL OF YOUR REGISTERED LOCATION.
- RE-REGISTRATION REQUIRED IF YOU CHANGE YOUR NUMBER OR ADD OR PORT NEW NUMBERS: YOUR ADVANTAGE IT MANAGEMENT VOIP 911 SERVICE WILL NOT FUNCTION IF YOU CHANGE YOUR PHONE NUMBER OR IF YOU ADD OR PORT NEW PHONE NUMBERS TO YOUR ACCOUNT, UNLESS AND UNTIL YOU SUCCESSFULLY REGISTER YOUR LOCATION OF USE FOR EACH CHANGED, NEWLY ADDED OR NEWLY PORTED PHONE NUMBER AND RECEIVE CONFIRMATION FROM ADVANTAGE IT MANAGEMENT.
- INTERNET CONNECTION FAILURE: IF THERE IS AN INTERRUPTION OF YOUR ADVANTAGE VOICE OR HIGH-SPEED INTERNET ACCESS SERVICE, YOU WILL NOT HAVE ACCESS TO ADVANTAGE IT MANAGEMENT’S VOIP SERVICE DURING THAT INTERRUPTION AND THEREFORE WILL NOT HAVE ACCESS TO 911 SERVICE DURING THAT IN ADDITION, SINCE THE SERVICE IS DEPENDENT ON THE ADVANTAGE VOICE CONNECTION, THE AVAILABILITY OF AN ADEQUATE POWER SUPPLY AND CORRECT EQUIPTMENT CONFIGURATION, ADVANTAGE IT MANAGEMENT DOES NOT GUARANTEE THAT THE SERVICE WILL BE CONTINUOUS OR ERROR-FREE. ADVANTAGE IT MANAGEMENT WILL NOT OFFER CREDITS FOR SERVICE FAILURES DUE TO POWER OUTAGES OR DISRUPTIONS IN YOUR ADVANTAGE VOICE CONNECTION.
(4) EQUIPMENT FAILURE AND MISCONFIGURATION
ADVANTAGE IT MANAGEMENT’S VOIP SERVICE WILL NOT FUNCTION IF THE EQUIPMENT ON YOUR PREMISES OR ANY EQUIPMENT INCLUDING SOFTWARE, NETWORK ETC. IN OUR LOCATIONS (OFFICES, DATA CENTERS) FAILS FOR ANY REASON INCLUDING BUT NOT LIMITED TO HARDWARE OR SOFTWARE FAILURES OR MISCONFIGURATION EITHER BY ADVANTAGE IT MANAGEMENT, THE CUSTOMER AND/OR ANY OF OUR VENDORS.
ADVANTAGE IT MANAGEMENT DOES NOT AND CANNOT GUARANTEE THAT THE SERVICE WILL BE CONTINUOUS OR ERROR-FREE. YOU ACKNOWLEDGE AND UNDERSTAND THAT A FAILURE OF EQUIPMENT CAN OCCUR AND IT IS YOUR SOLE RESPONSIBILITY TO RETAIN ALTERNATIVE MEANS OF COMMUNICATION.
- LOSS OF ELECTRICAL POWER: ADVANTAGE IT MANAGEMENT’S VOIP SERVICE WILL NOT FUNCTION IN THE ABSENCE OF ELECTRICAL POWER AND YOU WILL NOT HAVE PHONE SERVICE OR 911 SERVICE DURING ANY POWER
- NON-VOICE SYSTEMS: ADVANTAGE IT MANAGEMENT’S VOIP SERVICES ARE NOT SET UP TO FUNCTION WITH OUTDIALING SYSTEMS INCLUDING HOME SECURITY SYSTEMS AND MEDICAL MONITORING BY SIGNING UP FOR ADVANTAGE IT MANAGEMENT’S VOIP SERVICE YOU WAIVE ALL CLAIMS AGAINST ADVANTAGE IT MANAGEMENT FOR INTERRUPTION OR DISRUPTION OF SUCH SYSTEMS BY ADVANTAGE IT MANAGEMENT’S VOIP SERVICE.
- CALLS OUTSIDE THE S.: IF YOU MOVE YOUR ADVANTAGE IT MANAGEMENT VOIP SERVICE EQUIPMENT OUTSIDE OF THE UNITED STATES, YOUR 911 SERVICE WILL NOT WORK. CHECK THE EMERGENCY CALLING PROCEDURES FOR THE COUNTRY WHERE YOU ARE LOCATED TO DETERMINE THE CORRECT EMERGENCY CALLING PROCEDURES.
- TERMINATION OF SERVICE: 911 SERVICE WILL NOT BE AVAILABLE IF YOUR SERVICE HAS BEEN CANCELLED OR TERMINATED BY YOU OR BY ADVANTAGE IT MANAGEMENT. You acknowledge and understand that a service outage due to suspension of your account as a result of billing issues or any other reason, including, but not limited to those reasons described elsewhere in this Agreement, will prevent ALL Service, including the limited emergency response
- NETWORK CONGESTION AND/OR REDUCED SPEED FOR ROUTING EMERGENCY CALLS: You acknowledge and understand that calls made using the limited emergency response service of ADVANTAGE IT MANAGEMENT may be subject to network congestion and/or reduced routing speed and the call may
- OTHER LIMITATIONS: THE LOCAL EMERGENCY SERVICE OPERATOR RECEIVING ADVANTAGE IT MANAGEMENT VOIP SERVICE’S E911 EMERGENCY SERVICE CALLS MAY NOT HAVE A SYSTEM CONFIGURED FOR E911 SERVICES OR BE ABLE TO CAPTURE AND/OR RETAIN AUTOMATIC NUMBER OR LOCATION INFORMATION. THIS MEANS THAT THE OPERATOR MAY NOT KNOW THE PHONE NUMBER OR PHYSICAL LOCATION OF THE PERSON WHO IS MAKING THE ADVANTAGE IT MANAGEMENT VOIP SERVICE E911 DUE TO TECHNICAL FACTORS IN NETWORK DESIGN, AND IN THE EVENT OF NETWORK CONGESTION ON THE ADVANTAGE IT MANAGEMENT NETWORK, THERE IS A POSSIBILITY THAT A ADVANTAGE IT MANAGEMENT 911 CALL WILL PRODUCE A BUSY SIGNAL OR WILL EXPERIENCE
UNEXPECTED ANSWERING WAIT TIMES AND/OR TAKE LONGER TO ANSWER THAN 911 CALLS PLACED VIA TRADITIONAL TELEPHONE NETWORKS. IN ADDITION, A LOCAL OR NATIONAL DISASTER AND SUBSEQUENT SPIKE IN THE NUMBER OF CALLS MAY RESULT IN LONG CONNECTION TIMES, BUSY SIGNALS OR FAILURES TO CONNECT.
- YOU MUST NOTIFY ALL USERS OF THESE LIMITATIONS: YOU MUST INFORM ALL POTENTIAL USERS WHO MAY BE PRESENT AT THE PHYSICAL LOCATION WHERE YOU UTILIZE ADVANTAGE IT MANAGEMENT’S VOIP SERVICE OF THE IMPORTANT DIFFERENCES IN AND LIMITATIONS OF ADVANTAGE IT MANAGEMENT’S VOIP 911 DIALING AS COMPARED WITH BASIC 911 OR E911 PROVIDED BY TRADITIONAL LANDLINE TELEPHONE
- YOU MUST AFFIX THE PROVIDED WARNING LABELS TO YOUR VOIP EQUIPMENT: ADVANTAGE IT MANAGEMENT WILL PROVIDE YOU WITH WARNING LABELS REGARDING THE LIMITATIONS OR UNAVAILABILITY OF 911 EMERGENCY DIALING (THE “911 STICKER”). YOU MUST PLACE ONE OF THESE 911 STICKERS ON EACH TELEPHONE AND ON ANY OTHER DEVICE WHICH WILL BE USED WITH YOUR ADVANTAGE IT MANAGEMENT VOIP IF YOU REQUIRE ADDITIONAL 911 STICKERS, PLEASE CONTACT ADVANTAGE IT MANAGEMENT’S CUSTOMER SERVICE DEPARTMENT.
- ALTERNATIVE ARRANGEMENTS: BY SIGNING UP FOR ADVANTAGE IT MANAGEMENT’S VOIP SERVICE YOU UNDERSTAND THAT IF YOU ARE NOT COMFORTABLE WITH THE LIMITATIONS OF ADVANTAGE IT MANAGEMENT’S 911 SERVICE, THAT YOU SHOULD ALWAYS HAVE AN ALTERNATIVE MEANS OF ACCESSING EMERGENCY SERVICE. IN ORDER TO ENSURE THAT YOU HAVE ACCESS TO EMERGENCY SERVICES, YOU ACKNOWLEDGE AND ACCEPT THAT IT IS YOUR SOLE RESPONSIBILITY TO PURCHASE, FROM A THIRD-PARTY SEPARATELY FROM ADVANTAGE IT MANAGEMENT, TRADITIONAL WIRELESS OR LANDLINE TELEPHONE SERVICE AS A BACKUP MEANS OF COMPLETING EMERGENCY IF THE SERVICE IS USED IN A HOME OFFICE ENVIRONMENT, IT IS NOT INTENDED TO BE USED FOR PERSONAL, RESIDENTIAL, NONBUSINESS OR NONPROFESSIONAL COMMERCIAL USE. A HOME OFFICE USER MUST PROVIDE ALTERNATIVE ARRANGEMENTS FOR RESIDENTIAL EMERGENCY CALLS.
YOU HEREBY ACKNOWLEDGE:
- ADVANTAGE IT MANAGEMENT DOES NOT SUPPORT TRADITIONAL 911 AND E911 ACCESS TO EMERGENCY SERVICES. The limited emergency response service accessible by ADVANTAGE IT MANAGEMENT differs in a number of important ways from traditional emergency response services as further explained You agree to inform any potential users and other third persons who may be present at the physical location where the Service is utilized (whether home or office) as to the important limitations on emergency response service.
- THE EMERGENCY RESPONSE SERVICE WILL NOT RECEIVE AUTOMATED NUMBER AND LOCATION IDENTIFICATION. You acknowledge and understand that when you call 911 using the Service, the local emergency personnel receiving your call will not be able to identify your phone number or the physical address from which you are You will need to state the nature of your emergency promptly and clearly, including your telephone number and location. You acknowledge and understand that the individual answering the call may not be able to call you back or find your location if the call is unable to be completed, is dropped or disconnected, or if you are unable to tell them your phone number and physical location and/or if the Service is not operational for any reason, including without limitation those reasons listed elsewhere in this Agreement.
- EMERGENCY CALLS FROM A LOCATION OTHER THAN YOUR SERVICE ADDRESS MAY NOT BE DIRECTED CORRECTLY TO A LOCAL EMERGENCY SERVICE You acknowledge and understand that if you use your Equipment and the Service to call 911 from a location other than the Service Address that you have registered with ADVANTAGE IT MANAGEMENT (e.g., if you move or use the Service while you are traveling), unless you have completed registration of such location as described in Section 6.e below, your call will not be routed to the correct local emergency service provider. The provider to whom any such 911 calls are routed will be unable to transfer the call to a local emergency service provider in the area from which you are calling.
- ADVANTAGE IT MANGEMENT WILL REGISTER THE MAIN BUSINESS LOCATION AND ANY SEPARATE BUSINESS LOCATIONS AT CUSTOMER’S REQUEST. THERE IS A MONTHLY FEE OF $4.95 FOR EACH DID/SITE REGISTERED.
- EMERGENCY CALLS PLACED TO NATIONAL EMERGENCY SERVICES CALL CENTER FROM UNREGISTERED DIDS WILL RESULT IN A $150 CHARGE PER INCIDENT.
- DISCLAIMER OF LIABILITY AND INDEMNIFICATION: YOU ACKNOWLEDGE AND UNDERSTAND THAT ADVANTAGE IT MANAGEMENT WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 OR ANY OTHER EMERGENCY TELEPHONE NUMBER USING ADVANTAGE IT MANAGEMENT OR TO ACCESS AN EMERGENCY SERVICE OPERATOR DUE TO THE 911 DIALING CHARACTERISTICS AND LIMITATIONS SET FORTH ABOVE. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ADVANTAGE IT MANAGEMENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS WHO FURNISH SERVICES TO YOU IN CONNECTION WITH ADVANTAGE IT MANAGEMENT’S VOIP SERVICE, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE, INCLUDING THOSE RELATED TO 911 IN ADDITION, ADVANTAGE IT MANAGEMENT DOES NOT HAVE ANY CONTROL OVER WHETHER, OR THE MANNER IN WHICH, CALLS USING ADVANTAGE IT MANAGEMENT’S 911 SERVICE ARE ANSWERED OR ADDRESSED BY ANY LOCAL EMERGENCY RESPONSE CENTER. ADVANTAGE IT MANAGEMENT DISCLAIMS ALL RESPONSIBILITY FOR THE CONDUCT OF LOCAL EMERGENCY RESPONSE CENTERS AND THE NATIONAL EMERGENCY CALLING CENTER. ADVANTAGE IT MANAGEMENT RELIES ON THIRD PARTIES TO ASSIST US IN ROUTING 911 SERVICE CALLS TO LOCAL EMERGENCY RESPONSE CENTERS AND TO A NATIONAL EMERGENCY CALLING CENTER. ADVANTAGE IT MANAGEMENT DISCLAIMS ANY AND ALL LIABILITY OR RESPONSIBILITY IN THE EVENT
SUCH THIRD PARTY DATA USED TO ROUTE CALLS IS INCORRECT OR YIELDS AN ERRONEOUS RESULT. NEITHER ADVANTAGE IT MANAGEMENT NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH ADVANTAGE IT MANAGEMENT’S VOIP SERVICE 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 RELATING TO THE ADVANTAGE IT MANAGEMENT 911 SERVICE UNLESS SUCH CLAIMS OR CAUSES OF ACTION AROSE FROM ADVANTAGE IT MANAGEMENT’S GROSS NEGLIGENCE, RECKLESSNESS OR WILLFUL MISCONDUCT. YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS ADVANTAGE IT MANAGEMENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH ADVANTAGE IT MANAGEMENT’S VOIP SERVICE, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY RELATING TO THE ABSENCE, FAILURE OR OUTAGE OF THE SERVICE, INCLUDING 911 SERVICE, INCORRECTLY ROUTED 911 SERVICE CALLS, AND/OR THE INABILITY OF ANY USER OF THE SERVICE TO BE ABLE TO USE 911 SERVICE OR ACCESS EMERGENCY SERVICE PERSONNEL. THESE PROVISIONS SUPPLEMENT AND DO NOT LIMIT THE INDEMNIFICATION AND LIMITATION OF LIABILITY PROVISIONS CONTAINED IN ADVANTAGE IT MANAGEMENT’S TERMS AND CONDITIONS.
BY SIGNING THIS AGREEMENT YOU AFFIRM THAT YOU HAVE RECEIVED AND UNDERSTOOD THE ADVISORY ABOVE REGARDING THE LIMITATIONS OF ADVANTAGE IT MANAGEMENT’S 911 SERVICE AND UNDERSTAND THE DISTINCTIONS BETWEEN SUCH SERVICE AND TRADITIONAL 911 OR E911 CALLS AND FURTHER ACKNOWLEDGE AND ACCEPT THAT ADVANTAGE IT MANAGEMENT’S VOIP SERVICE MAY NOT SUPPORT OR PROVIDE EMERGENCY SERVICE AT ALL TIMES
Updated: June 22, 2022