These Terms and Conditions for Use
constitute the agreement ("Agreement") between NUSYS Telecom, a division of
NUSYS International Inc. ("we," "us" or "NUSYS")
and the user ("you," "user" or "Customer")
of NUSYS’ residential and business communications services
and related products or services ("Service"). This
Agreement governs both the Service and any devices, such as
an IP Phone™, Multimedia Terminal Adapter, Analog Telephone
Adapter, Uninterrupted Power Supply or any other IP connection
device ("Device" or "Equipment"), used
in conjunction with the Service and it applies to all lines
on each NUSYS account. If you purchased Equipment from
a retail store, dealer or provider other than NUSYS, you are
a Customer’s Own Paid Device (COPD) Customer for purposes
of this Agreement. BY ENROLLING IN, ACTIVATING, USING
OR PAYING FOR THE SERVICES OR DEVICE, YOU ACKNOWLEDGE THAT
YOU HAVE READ, UNDERSTOOD AND AGREE TO ALL OF THE TERMS AND
CONDITIONS IN THIS AGREEMENT, THAT YOU ARE OF LEGAL AGE, AND
THAT YOU AGREE TO BE BOUND BY ALL TERMS HEREIN. IF YOU
HAVE NOT READ AND UNDERSTOOD THIS ENTIRE AGREEMENT, AND DO
NOT AGREE TO BE BOUND BY ITS TERMS, DO NOT USE THE SERVICES
OR DEVICE, AND CANCEL THE SERVICES IMMEDIATELY BY CONTACTING
NUSYS VIA E-MAIL AT billing@nusystelecom.com AND PROVIDING
YOUR NAME, ACCOUNT INFORMATION AND DESIRE TO CANCEL SERVICE. NUSYS’ broadband
phone service allows customers to use their cable modem, DSL
modem, or other BroadBand Internet connection to make and receive
Voice over IP (VoIP) phone calls using an ordinary touchtone
telephone. COPD plans allow customers to connect their own
SIP devices, including softphones, IP phones, and Asterisk
PBXs. NUSYS optimizes the routing of network voice traffic,
to provide the best possible quality voice transmission for
each customer's phone device, and automatically configures
NUSYS authorized devices. Significant restrictions apply
to Unlimited Plans. Plans do not include calls to International
Mobile Phone Numbers or to Special Services Numbers such as
Toll-Free or Caller-Paid Information Services or 900 Numbers.
1. SERVICE 1(a) Term - Service is offered
on a monthly basis for a term that begins on the date NUSYS activates your
Service and ends on the day before the same date in the following month. Subsequent
terms of this Agreement automatically renew on a monthly basis without further
action by you unless you give NUSYS written e-mail notice of non-renewal at
least ten (10) days before the end of the monthly term that the notice is given.
You are purchasing the Service for full monthly terms. Thus, if you attempt
to terminate Service prior to the end of a monthly term, you will be responsible
for the full month's charges to the end of the then-current term, including
unbilled charges, plus a disconnect fee if applicable under the terms of this
Agreement, all of which immediately become due, payable, and chargeable to
your credit card. Expiration of the term or termination of Service does not
excuse you from paying all unpaid, accrued charges due in relation to the Agreement. You
will also be responsible for the next full month's charges in the event that
you do not provide the requisite ten-day disconnection notice prior to the
expiration of the then-current term. Expiration of the term or disconnection
of Service will not excuse you from paying all accrued and unpaid charges due
under this Agreement. If you disconnect NUSYS service after the Money Back
Guarantee period stated in this Agreement, but within the first twelve months,
NUSYS charges a fee of $39.95 per line for disconnection. If you accept
an equipment upgrade or other promotion, such as a free month of service, a
rebate or other incentive, there may be a term commitment associated with the
benefit you accepted. Your term begins the date you activate the new equipment
or accept the promotion and ends on the last day of the commitment period.
The commitment period will be disclosed as part of the promotion. If you disconnect
service prior to the end of the commitment period, you agree to pay recovery
fee to NUSYS for the promotion and/or promotion you accepted. Recovery
fees are cumulative and in addition to any other charges or fees you may owe
NUSYS and any fees or charges NUSYS requires upon disconnection of service,
such as those described herein. Each recovery fee is an amount equal to the
difference between the price you paid and the regular price of the good or
service at the time you accepted the equipment or promotion. 1(b) Equipment Requirements - The
Service requires standard SIP based customer premises equipment ("CPE")
which may be provided by NUSYS or by the Customer by a COPD pursuant to the
terms of this Agreement. Use of the Service without such equipment is strictly
prohibited. If you elect to provide your own equipment, then you are solely
responsible for maintaining it and ensuring that it is compatible with the
Service, and you agree that if it is not compatible with, or properly configured
for NUSYS, NUSYS may terminate the Service in its sole discretion. 1(c)
Residential Use of Service - If you are a NUSYS Residential
service customer, you accept Service as a single usage (user) residential plan,
for your own personal, residential, non-business and non-professional use.
You agree that you may not use the Service for any commercial activities, governmental
activities, profit-making activities, and/or non-profit activities, including
but not limited to, home office, business, sales, telecommuting, telemarketing
of any kind, auto-dialing, continuous or extensive call forwarding, call relaying,
fax broadcast, fax blasting and any other activity that would be inconsistent
with normal residential usage patterns. You may not, sell, resell or transfer
the Service to any other person for any purpose, or make any charge for the
use of the Service, without the prior express written permission from NUSYS.
NUSYS reserves the right to immediately disconnect or modify your Service if
we determine, in our sole and absolute discretion, that your use of the Service
or the Device is, or at any time was, inconsistent with normal residential
usage patterns. You agree that normal residential usage patterns are
defined as a maximum of 1500 minutes per account per billing cycle. NUSYS
will bill your credit card for the higher Business Plan rate or for any usage
exceeding this amount during any billing cycle at the then current published
rates. There are no roll-over or carry-over minutes with this plan. You
agree that if NUSYS determines in its sole discretion that you have used the
Service, and/or anyone else has used the Service for any activities and purposes
prohibited by this section it may immediately disconnect your service and charge
you a disconnection fee, or charge you NUSYS' higher rates for its Business
Service for all periods, including past periods, that you use or used the Service
for such prohibited activities, and that NUSYS may immediately charge such
amounts on your credit card. NUSYS, without prejudicing or waiving any other
remedies, after it has determined in its sole discretion that you have violated
this Agreement, may retroactively charge you $.05 per minute for US and Canadian
calls made since the activation of your account. Violations of this Agreement
regarding International calls will likewise be retroactively billed at the
then current published rates. You agree that any payment made to NUSYS pursuant
to this section is made as liquidated damages and not as a penalty, because
it would be difficult if not impossible to ascertain damages. Superseding
the other provisions of this Agreement, NUSYS may take legal action to enforce
the provisions of this section. NUSYS, if it prevails, shall be entitled
to its reasonable expenses, including attorney’s fees, regardless of
whether in house or outside counsel is employed. If in house counsel
is employed, billing shall be $300.00 per hour and billed in six-minute increments. 1(d) Business
Use of Service - NUSYS Business Service is provided to
the Customer as a small business user. You agree you may not, sell, resell
or transfer the Service to any other person for any purpose, or make any charge
for the use of the Service, without the prior express written permission from
NUSYS. This plan permits you to use a maximum of 2000 minutes per account
per billing cycle. Any usage exceeding this amount during any billing
cycle will be billed to your credit card at the rates published in the NUSYS
rate deck on the NUSYS website. There are no roll-over or carry-over minutes
with this plan. The NUSYS Business Plan does not confer to you the right
to use the Service for auto-dialing, call center activities, call relaying,
telemarketing of any kind, continuous or extensive call forwarding, fax broadcasting
or fax blasting. NUSYS reserves the right, if NUSYS determines, in its sole
discretion, that Customer's Service is/was being used inconsistent with normal
small business usage patterns for prohibited activities or in any other manner
prohibited by this Agreement, to immediately terminate or modify the Service,
and charge an administrative fee of US$100.00 per day of service when Customer
engaged in prohibited activities. NUSYS, without prejudicing or waiving
any other remedies, after it has determined in its sole discretion that you
have violated this Agreement, may retroactively charge you $.05 per minute
for US and Canadian calls made since the activation of your account. Violations
of this Agreement regarding International calls will likewise be retroactively
billed at the then current published rates. You agree that any payment made
to NUSYS pursuant to this section is made as liquidated damages and not as
a penalty, because it would be difficult if not impossible to ascertain damages. Superseding
the other provisions of this Agreement, NUSYS may take legal action to enforce
the provisions of this section. NUSYS, if it prevails, shall be entitled
to its reasonable expenses, including attorney’s fees, regardless of
whether in house or outside counsel is employed. If in house counsel is employed,
billing shall be $300.00 per hour and billed in six-minute increments. 1(e) Prohibited Uses of Service - You
shall use the Service and the Device only for lawful purposes. NUSYS reserves
the right to immediately disconnect your Service without notice, if, in its
sole and absolute discretion, NUSYS determines you have used the Service or
the Device for an unlawful purpose or in violation of this Agreement. You will
be responsible for the full month's charges to the end of the current term,
including, without limitation, a disconnection fee and unbilled charges, if
applicable, which all will become immediately due and payable upon disconnection
of your Service. You shall not use the Service or the Device in any way
that is threatening, abusive, invasive of another’s privacy, harassing,
defamatory, libelous, fraudulent, deceptive, or any similar behavior. You will
also be responsible for the full month's charges to the end of the current
term, including, without limitation, unbilled charges, plus a disconnection
fee, if applicable, which all will become immediately due and payable upon
disconnection of Service. If NUSYS determines that you used the Service
or the Device in any of these ways, we may forward the relevant communication
and other information, including your identity, to the appropriate authorities
for investigation and prosecution. You consent to NUSYS forwarding any such
communications and information to the authorities. NUSYS will also provide
information in response to law enforcement requests, subpoenas, court orders,
to protect it's rights and property and in cases where failure to disclose
information may lead to imminent harm to customer or others. NUSYS reserves
all of its rights at law and equity to proceed against anyone who uses the
Services illegally or improperly. You also agree not to use the Service
for any unlawful purpose, including using the Service in a way that interferes
with our ability to provide Service to other customers or you, or avoids your
obligation to pay for the Services. You shall not use the Service for transmitting
or receiving any communication or material of any kind which would constitute
a criminal offense, give rise to a civil liability, or otherwise violate any
applicable local, state, national or international law or encourage conduct
that would constitute a criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, national or international law. NUSYS
will terminate the Service immediately and without advance notice if NUSYS,
in its sole discretion, believes that you have violated the above restrictions.
You will be responsible for the full month's charges to the end of the current
term, including without limitation unbilled charges and a disconnect fee. All
will be immediately due, chargeable and payable to your credit card. 1(f)Use of Service and Device by Customers Outside
the United States - NUSYS encourages
you to use of the Service to place calls to foreign countries from within the
United States and to use our Service as you travel. NUSYS does not presently
offer or support the Service in any countries other than the United States. NUSYS
Service is designed to work with unencumbered high-speed internet connections.
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, NUSYS does
not warrant or represent that use of the NUSYS Service by you is permitted
by any other jurisdictions or by any or all the ISPs. You will be solely responsible
for any violations of local regulations and laws or violations of ISP terms
of service resulting from such use. We reserve the right to disconnect your
Service immediately if we determine, in our sole and absolute discretion, that
you have used the Service or the Device in violation of laws of jurisdictions
outside the United States. 1(g) Loss of Service Due to Power Failure or Internet
Service/Broadband Outage - You understand and acknowledge
that the Service does not function in the event of power failure. The
Service will not function until power is restored if there is an interruption
in the power supply. You may need to reset or reconfigure the Device
and other CPE equipment prior to using the Service if a power failure or disruption
occurs. The Service requires a fully functional broadband connection
to the Internet (which is not provided by NUSYS) and the Service will not function
in the event of an outage or termination of broadband service with or by your
Internet service provider ("ISP") and/or broadband provider. The
Service will not function until the power supply is restored and/or the ISP/broadband
outage is fixed, after an interruption in the power supply and/or an ISP/broadband
outage. You will continue to be billed for the Service during such failures,
terminations and/or outages unless and until you or NUSYS terminate the Service
in accordance with this Agreement. 1(h) Copyright / Trademark / Unauthorized Usage of Device,
Firmware or Software - The Service and Device and any firmware
or software used to provide the Service or provided to you in conjunction with
providing the Service, or embedded in the Device, and all Services, information,
documents and materials on NUSYS' website(s) are protected by trademark, copyright
or other intellectual property laws and international treaty provisions. All
websites, corporate names, service marks, trademarks, trade names, logos and
domain names (collectively "marks") of NUSYS are and shall remain
the exclusive property of NUSYS and nothing in this Agreement shall grant you
the right or license to use such marks. You acknowledge that you are not given
any license to use the firmware or software used to provide the Service or
provided to Customer in conjunction with providing the Service, or embedded
in the Device, other than a nontransferable, revocable license to use such
firmware or software in object code form without making any modification thereto,
strictly in accordance with the terms and conditions of this Agreement, and
that the Device is exclusively for use in connection with the Service. The
Device is exclusively for use in connection with the Service. NUSYS will not
provide any passwords, codes or other information or assistance that would
permit or enable you to use the Device for any other purposes. If you decide
to use the Service through an interface device not provided by NUSYS, which
NUSYS reserves the right to prohibit in any case, you warrant and represent
that you possess all required rights, including software and/or firmware licenses,
to use that interface device with the Service. You will indemnify and hold
harmless NUSYS against any and all liability arising out of your use of such
interface device with the Service. You agree not to reverse compile, disassemble
or reverse engineer or otherwise attempt to derive the source code from the
binary code of the firmware or software. 1(i) Tampering with the Device and Service - You
agree not to change the electronic serial number, MAC or equipment identifier
of the Device, or to perform a factory reset of the Device, without express
permission from NUSYS in each instance that NUSYS may grant or deny in its
sole discretion. NUSYS reserves the right to terminate your Service should
you tamper with the Device, leaving you responsible for the full month's charges
to the end of the current term, including without limitation unbilled charges,
plus a disconnect fee, all of which immediately become due and payable. You
agree not to disrupt or hack the Service or to make or attempt to make any
use of the Service that is inconsistent with its intended purpose. 1(j) Theft of Service or Device - You
agree to notify NUSYS immediately, in writing or by calling the NUSYS customer
support line, if the Device is stolen or if you become aware at any time that
your Service is being stolen or fraudulently used. When you call or write,
you must provide your account number and a detailed description of the circumstances
of the Device theft or fraudulent use of Service. Failure to do so in a timely
manner may result in the termination of your Service and additional charges
to you. You will be liable for all use of the Service using a Device stolen
from you and any and all stolen Service or fraudulent use of the Service. 1(k) Number Transfer on Service Termination - NUSYS
may, solely in its discretion, release any telephone number that was ported
in to NUSYS by you and used in connection with your Service to your new service
provider, if such new service provider is able to accept such number, upon
your termination of the Service, and provided your account has been terminated;
your NUSYS account is completely current including payment for all charges
and disconnect fees; and you request the transfer upon terminating your account.
NUSYS will not transfer or release telephone numbers that it has assigned for
use in conjunction with your Service. 1(l) Service Distinctions - The Service
is not a telephone service. Important distinctions exist between telephone
service and the enhanced Service offering provided by NUSYS. Some, but not
all, distinctions are described in this Agreement. 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. 1(m) No 900 Calls - Calls are not permitted to
900 numbers or other pay-per-call services. 1(n) No Operator Service - The Service
does not support calls to operator services. 1(o) No Collect Calls - The Service
does not support collect calls. 1(p) Directory Assistance - Calls to Directory
Assistance (1-XXX-555-1212) and 411 excluding toll-free Directory Assistance
(1-8---555-1212) will incur a US$0.99 per call charge. 1(q) Calls from a Payphone - Calls to a
NUSYS Toll-free Alternate Number from a Payphone will incur a US$0.30 per call
charge. If you use any toll free feature that NUSYS offers now or in
the future, NUSYS will be entitled to recover from you any charges imposed
on us either directly or indirectly in connection with toll free calls made
to your number. NUSYS may recover these amounts by means of a per-call
charge, rounded up to the next cent, or in such other manner NUSYS deems appropriate
for the recovery of these costs. 1(r) No Directory Listing - The phone
numbers you obtain from us will not be listed in any telephone directories.
Phone numbers transferred from your local phone company may be listed. Anyone
with your phone number may not be able to use a reverse directory to lookup
your address. 1(s) Other Term Commitments - If
you accept an equipment upgrade or any other promotion, there may be a term
commitment associated with the benefit you accepted. Your term begins
the date you activate the new equipment or accept the promotion and ends on
the last day of the commitment period. The commitment period will be disclosed
as part of the promotion. You agree to pay NUSYS a recovery fee for any promotion
you accepted if you disconnect service prior to the end of the commitment period.
Recovery fees are in addition to any other charges or fees you may owe NUSYS
and any fees or charges the NUSYS requires upon disconnection of service. Each
recovery fee is an amount equal to the difference between the price you paid
and the regular price of the good or service at the time you accepted the equipment
or promotion. 1(t) Incompatibility With Other Services - The
Service may not be compatible with home security systems. You may be required
to maintain a telephone connection through your local exchange carrier in order
to use any alarm monitoring functions for any security system installed in
your home or business. You are responsible for contacting the alarm monitoring
company to test the compatibility of any alarm monitoring or security system
with the Service. The Service is not presently compatible with AOL cable
broadband service, certain versions of TiVO, and possibly other services not
mentioned herein. Some providers of broadband service may provide modems that
prevent the transmission of communications using the Service. We do not warrant
that the Services 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. 1(u) Disconnection and Discontinuance of Service - NUSYS
reserves the right to suspend or discontinue or disconnect the Service at any
time in our absolute and sole discretion. You will be responsible for charges
accrued through the date of disconnection, including a pro-rated portion of
the final month's charges, if we discontinue the Service. If NUSYS disconnects
your Service due to your breach of any provision of this Agreement, you will
be responsible for the full month's charges to the end of the current term,
including, without limitation, unbilled charges, plus the disconnect fee, if
applicable. All such fees and charges will immediately become due and payable. We
will pursue collection for unpaid amounts on disconnected accounts and may
report to credit bureaus.
2. 911 EMERGENCY DIALING
PLEASE READ THIS INFORMATION REGARDING 911 VERY CAREFULLY. YOU
ACKNOWLEDGE AND AGREE TO THE LIMITATIONS OF NUSYS' 911 EMERGENCY
DIALING SERVICE, AND UNDERSTAND THE DISTINCTIONS BETWEEN SUCH
SERVICE AND TRADITIONAL 911 or E911 CALLS. NUSYS Basic
911 or Enhanced 911 (E911) service ("NUSYS 911 SERVICE")
is different than traditional 911 land line service. NUSYS
911 SERVICE DOES NOT WORK IF YOU FAIL TO REGISTER OR UPDATE
THE NUSYS 911 SERVICE WITH YOUR CURRENT LOCATION. THE
NUSYS 911 SERVICE MAY NOT BE ACTIVATED UNTIL 72 HOURS AFTER
REGISTRATION. IF YOU FAIL TO REGISTER FOR E911 SERVICE, IT
WILL COST YOU $100.00 EACH TIME YOU DIAL 911 EVEN IF YOU MADE
THE CALL INADVERTENTLY BY MISDIALING. NUSYS 911 SERVICE
WILL NOT WORK IF THERE IS AN ELECTRICAL OR INTERNET SERVICE
OUTAGE DUE TO ANY CAUSE. NUSYS 911 SERVICE WILL NOT WORK
IF YOU CANCEL YOUR SERVICE OR IF NUSYS TERMINATES YOUR SERVICE. IF
YOU MAKE ANY 911 CALL FROM OUTSIDE THE UNITED STATES, IT WILL
COST YOU $100.00 EACH TIME YOU DIAL 911 EVEN IF YOU MADE THE
CALL INADVERTENTLY BY MISDIALING. YOU INDEMNIFY NUSYS
FOR ANY FAILURE IN THE NUSYS 911 SERVICE. 2(a)Access to 911 - Most
of NUSYS customers in the U.S., including Alaska and Hawaii, have access to
basic 911 or Enhanced 911 (E911) service. Enhanced 911 (E911) service is available
for all U.S. customers who register a valid E911 service address. There may
be a greater possibility of network congestion and/or reduced speed in the
routing of a 911 Dialing call made utilizing the Service as compared to traditional
911 dialing over traditional public telephone networks. With 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. If you live in locations where the emergency center is not
equipped to receive your telephone number and address, you have basic 911.
With basic 911, the local emergency operator answering the call will not have
your call back number or your exact location, so you must be prepared to give
them this information. The operator 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 speak, until you give the operator
your phone number and location. As additional local emergency centers become
capable of receiving our customers' telephone number and address information,
customers will need to register a valid E911 service address to upgrade the
service to E911. NUSYS will not inform you that new local emergency centers
have been added. If your address is not covered by E911 service, NUSYS advises
you to attempt to register your address periodically to determine if a new
local emergency center has been added to your area. 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. 911 calls will be sent to the national emergency
call center in certain examples including, but not limited to, when there are
problems validating customer addresses during 911 address registration process,
when the customer is identified with an international location, or when 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. 911 calls answered by a
national emergency call center within the 12 month period will be charged $100.00
per call even if the call was the result of a mistake such as misdialing. 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. 2(b) Notify All Users - You are responsible
for informing any household residents, guests and other third persons who may
be present at the physical location where you utilize the NUSYS 911 SERVICE
of the important differences in and limitations of NUSYS 911 SERVICE as compared
with traditional 911 land line or cell phone service. 2(c) Registration of Physical Location Required - For
each primary phone number that you use for the Service, you must register with
NUSYS the physical location where you will be using the Service with that phone
number. When you move the Device to another location, you must register your
new location. If you do not register your new location, any 911 calls you make
using the NUSYS 911 SERVICE may be sent to an emergency center near your old
address. You must register your initial location of use when you subscribe
to the Service. Thereafter, you may register a new location by following the
instructions from the "911" registration link in your NUSYS Account
Portal. For purposes of the NUSYS 911 SERVICE, you may only register one location
at a time for each primary phone line you use with the Service. 2(d) Re-Registration/Re-Activation - You
must re-register/re-activate your NUSYS 911 SERVICE if you change your number
or add or port new numbers. NUSYS 911 SERVICE does 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 NUSYS. 2(e) Confirmation of Activation - You
will receive a notice via email only if there is a problem in activating NUSYS
911 SERVICE for the primary phone number at your location. Otherwise
you will not receive an email regarding activation of NUSYS 911 SERVICE. Activation
of NUSYS 911 SERVICE may take up to three days to complete after account activation. 2(f) Service Outages - Unlike traditional
911 land line service, the NUSYS 911 SERVICE can FAIL for a number of reasons.
The reasons are an electrical power outage; Internet outage, including loss
of connectivity, suspension or termination by your broadband or Internet service
provider, the blocking of ports by your broadband or Internet service provider
and Local Area Network issues; termination of your NUSYS Services/Account and
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
acknowledge and understand that the Service and NUSYS911 Service do not function
in the event of power failure. Should there be an interruption in the power
supply, the Service and NUSYS911 Service will not function until power is restored.
A power failure or disruption may require the Customer to reset or reconfigure
the Device and other CPE equipment prior to using the Service and NUSYS911.
You also acknowledge and understand that the Service and NUSYS911 Service requires
a fully functional broadband connection to the Internet (which is not provided
by NUSYS) and that, accordingly, in the event of an outage of, or termination
of broadband service with or by your Internet service provider ("ISP")
and/or broadband provider, the Service and NUSYS911 Service will not function.
If there is an interruption in the power supply and/or an ISP/broadband outage,
the Service and NUSYS911 Service will not function until the power supply is
restored and/or the ISP/broadband outage fixed. There may be a greater
possibility of network congestion and/or reduced speed in the routing of a
911 Dialing call made utilizing the Service as compared to traditional 911
dialing over traditional public telephone networks. You acknowledge that
NUSYS is not responsible for any service outage related to the loss of electrical
power, connectivity, suspension or termination by your broadband or Internet
service provider, the blocking of ports by your broadband or Internet service
provider, suspension or termination of your NUSYS Services/Account or any failures
resulting from local or national disasters. 2(g) Disclaimer of Liability and Indemnification - You
acknowledge and understand that NUSYS will not be liable for
any Service outage and/or inability to dial 911 using the NUSYS
Service or to access emergency service personnel due to the
characteristics and limitation of the NUSYS Service as set
forth in this document. You agree to defend, indemnify, and
hold harmless NUSYS, its officers, directors, employees, affiliates,
and agents and any other service provider who furnishes services
to you in connection with the 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 user of the Service relating to
the failure or outage of the Service, including those related
to the NUSYS 911 SERVICE. NUSYS
does not have any control over whether, or the manner in which, calls using
the NUSYS 911 SERVICE are answered or addressed by any local emergency response
center. NUSYS disclaims all responsibility for the conduct of local emergency
response centers and the national emergency calling center. NUSYS relies on
third parties to assist us in routing NUSYS 911 SERVICE calls to local emergency
response centers and to a national emergency calling center. NUSYS 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 NUSYS
nor its officers, directors, employees, affiliates and agents and any other
service provider who furnishes services to you in connection with the Service
may be held liable for any claim, damage, or loss. You hereby waive any and
all such claims or causes of action, arising from or relating to the NUSYS
911 SERVICE unless such claims or causes of action arose from NUSYS' recklessness,
gross negligence or willful misconduct. You shall defend, indemnify, and hold
harmless NUSYS, its officers, directors, employees, affiliates and agents and
any other service provider who furnishes services to you in connection the
Service, from any and all claims, losses, damages, fines, penalties, costs
and expenses (including attorneys fees) by, or on behalf of, you or any third
party relating to the absence, failure or outage of the Service, including
NUSYS’ 911 SERVICE, incorrectly routed NUSYS’ 911 SERVICE calls,
and/or the inability of any user of the Service to be able to use NUSYS’ 911
SERVICE or access emergency service personnel. NUSYS does not offer Lifeline
service. If you are not comfortable with the limitations of the NUSYS 911 SERVICE
or any 911 dialing service NUSYS provides, NUSYS strongly recommends that you
always have an alternative means of accessing 911 or other emergency services
or disconnect the Service.
These provisions supplement and do not limit the indemnification
and limitation of liability provisions contained in elsewhere
in these Terms and Conditions.
3. INDEMNIFICATION
THE TERM "NUSYS" AS USED HEREIN SHALL MEAN NUSYS
INTERNATIONAL INC. AND ITS AFFILIATES, EMPLOYEES, DIRECTORS,
OFFICERS, SERVANTS AND AGENTS AND ANY OTHER SERVICE PROVIDER
THAT FURNISHES SERVICES OR DEVICES TO YOU IN CONNECTION WITH
THIS AGREEMENT OR THE SERVICE OR THE DEVICE. 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.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS NUSYS AGAINST
ANY AND ALL LIABILITY FOR ANY SUCH USE THAT FAILS TO COMPLY
WITH THIS AGREEMENT. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD
HARMLESS NUSYS FROM ANY AND ALL CLAIMS AND/OR LIABILITY FOR
PERSOANL INJURY, DEATH, FINES, PENALTIES, COSTS, EXPENSES,
LOSSES, LOST PROFIT, LOST REVENUE, PROPERTY DAMAGE, ATTORNEYS’ FEES
AND ANY AND ALL OTHER DAMAGES OF ANY 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. THIS SECTION SHALL
SURVIVE THE AGREEMENT.
4. LIMITATION OF LIABILITY
THE TERM "NUSYS" AS USED IN THIS SECTION SHALL MEAN
NUSYS TELECOM AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS,
SERVANTS AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES
SERVICES OR DEVICES TO YOU IN CONNECTION WITH THIS AGREEMENT
OR THE SERVICE OR THE DEVICE. IN NO EVENT SHALL NUSYS
BE LIABLE TO YOU 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 NUSYS 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, SHORTAGE, MAINTENANCE, MODIFICATION,
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 NUSYS OR CUSTOMER AND ANY CAUSE THAT IS
BEYOND NUSYS’ 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. NUSYS SHALL
NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO NUSYS’ 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 NUSYS’ NEGLIGENCE
OR OTHER ACTS OR OMISSIONS. NUSYS’ LIABILITY FOR ANY
ACT OR OMISSION SHALL IN NO EVENT EXCEED THE SERVICE CHARGES
WITH RESPECT TO THE AFFECTED TIME PERIOD. THE LIMITATIONS
STATED 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 NUSYS
WAS INFORMED OF THE LIKELIHOOD OF ANY TYPE OF DAMAGE. FURTHER,
YOU AGREE TO REIMBURSE NUSYS 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 NUSYS TO THE
FULLEST EXTENT POSSIBLE UNDER THE LAW. THIS SECTION SHALL SURVIVE
THE AGREEMENT.
5. WARRANTIES
THE TERM "NUSYS" AS USED HEREIN SHALL MEAN NUSYS
INTERNATIONAL, INC. AND ITS AFFILIATES, EMPLOYEES, DIRECTORS,
OFFICERS, SERVANTS AND AGENTS AND ANY OTHER SERVICE PROVIDER
THAT FURNISHES SERVICES OR DEVICES TO YOU IN CONNECTION WITH
THIS AGREEMENT OR THE SERVICE OR THE DEVICE. NUSYS MAKES
NO EXPRESS OR IMPLIED WARRANTY REGARDING THE SERVICE OR DEVICE
OR INSTALLATION OF SAME AND DISCLAIMS ANY IMPLIED WARRANTY,
INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS
FOR A PARTICULAR PURPOSE. NUSYS DOES NOT WARRANT THAT
THE SERVICE OR DEVICE WILL FUNCTION WITHOUT FAILURE, DELAY,
ERROR, INTERRUPTION OR DEGRADATION OF VOICE QUALITY OR LOSS
OF CONTENT, DATA OR INFORMATION. NUSYS DOES NOT AUTHORIZE
ANYONE, INCLUDING, BUT NOT LIMITED TO, ITS EMPLOYEES, AGENTS
OR REPRESENTATIVES, TO MAKE ANY WARRANTIES ON ITS BEHALF AND
YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. IF CUSTOMER PURCHASES
DEVICE NEW FROM NUSYS AND THE DEVICE INCLUDES A LIMITED WARRANTY
AT THE TIME OF PURCHASE, CUSTOMER MUST REFER TO SEPARATE LIMITED
WARRANTY DOCUMENTS FOR INFORMATION ON THE LIMITATION AND DISCLAIMER
OF SUCH WARRANTY. IF CUSTOMER’S DEVICE DID NOT INCLUDE
A LIMITED WARRANTY FROM NUSYS AT TIME OF PURCHASE, CUSTOMER
AGREES THAT IT ACCEPTS THE DEVICE "AS IS" AND THAT
CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR REFUND IN EVENT
OF ANY DEFECT. THE PROVISIONS OF THIS SECTION SHALL BE
APPLIED TO THE FULLEST EXTENT OF THE LAW. IF ANY PART
OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION
SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST NUSYS TO THE
FULLEST EXTENT POSSIBLE UNDER THE LAW. 5(a) Replacement of a Defective Device - NUSYS
will replace a defective Device without charge if you have fully paid for the
Services and you return the defective Device to NUSYS. You must first receive
a Return Merchandise Authorization from NUSYS by emailing or calling us. NUSYS
will determine if the Device is defective or not and, if defective, NUSYS will
then ship you a new Device and shipping label for you to return the defective
Device to us without cost to you. You must return the Device in the original
packaging with the bar code intact and include all components, cables, accessories,
parts, manuals, and other documentation. You will be charged the Device fee
if, after 14 days of shipping out the new Device, we have not received the
defective Device from you. This replacement policy is only good for 12 months
from the date you activate your account regardless of how many times your Device
is replaced during those 12 months.
6. CHANGES TO THIS AGREEMENT.
NUSYS may change the terms and conditions of this Agreement
from time to time. Changes to this Agreement supersede all previously
agreed to electronic and written Terms and Conditions. IF YOU
CONTINUE TO BE ENROLLED IN, USE, OR PAY FOR THE SERVICES AFTER
ANY CHANGES IN THE PRICES, CHARGES, AND/OR TERMS AND CONDITIONS
HAVE BEEN MADE, YOU AGREE TO THE CHANGES. Notices will be considered
given and effective on the date posted on the NUSYS website
at www.nusystelecom.com and/or the date we notify you of changes
by the following: email at the address provided by you, postcard,
letter, recorded announcement, message on your bill, insert
in your bill, newspaper ad, or a call to your billed telephone
number, whichever occurs first.
7. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION 7(a) Billing - You must provide a
valid credit card number when activating the Service. You must notify NUSYS
immediately if the card expires, you close your account or your billing address
changes, or the card is cancelled and replaced due to loss or theft. Simply
change your credit card information in your account portal. NUSYS bills all
charges monthly to your credit card, including but not limited to, activation
fees, monthly Service fees, surcharges, applicable taxes, disconnect fees,
international usage charges, advanced feature charges, equipment purchases
and shipping and handling charges. NUSYS will bill at more frequent
intervals if the amount due exceeds US$10.00 at any time. NUSYS bills fractional
usage charges in full cents, rounded up to the nearest penny. 7(b) “One Time Use” or Disposable Credit
Cards - NUSYS strictly prohibits the use of “one
time use” or disposable credit cards. If you use such a card to activate
the NUSYS Service and such use results in NUSYS not being able to collect charges
for the Service, you will be subject to a $500.00 fee as liquidated damages
and not as a penalty, plus any reasonable in-house or outside counsel attorney’s
fees incurred by NUSYS to collect such unpaid charges and liquidated damages. 7(c) Billing Disputes - You must
notify NUSYS in writing within seven (7) days after receiving your credit card
statement if you dispute any NUSYS charges on your statement or such dispute
will be deemed waived. Notification of all billing disputes shall be sent to
the following address:
NUSYS TELECOM
Attn: Billing Department
5 Professional Circle, Route 34, Suite 111B
Colts Neck, NJ 07722
or
billing@nusystelecom.com 7(d) Payment - NUSYS only accepts
payments by credit card, unless other arrangements are approved in writing
by NUSYS Senior Management. Your initial use of the Service authorizes
NUSYS to charge all amounts due NUSYS as stated in the Agreement on the credit
card account number on file with NUSYS, or on any other credit card provided
by Customer if the original card expires or is replaced. This authorization
will remain valid until 30 days after NUSYS receives your written notice terminating
NUSYS' authority to charge your credit card. NUSYS may terminate your Service
at any time, in its sole discretion, if any charge to your credit card on file
with NUSYS is declined or reversed, if your credit card expires and you have
not provided NUSYS with a new valid and approved credit card, or in case of
any other non-payment of account charges. Service Termination for a declined
or expired credit card, reversed charges or non-payment leaves you fully liable
to NUSYS for all charges accrued before termination and for costs incurred
by NUSYS to collect all monies owed by Customer, including, but not limited
to, collection costs and in house or outside attorneys’ fees as defined
in this Agreement. NUSYS may make billing adjustments for the Service retroactively
for a period of one hundred eighty (180) calendar days after the date a Service
is rendered if they are made within two (2) months of NUSYS’ receipt
of any invoice for the payment of additional fees and charges imposed by law. You
are responsible for ensuring that you have adequate available credit on your
credit card at all times to fund your NUSYS Services, and NUSYS will not be
responsible if any warning emails are not sent out or are not received. 7(e) Termination/Discontinuance of Service - NUSYS
reserves the right to suspend or discontinue providing the Service generally,
or to terminate your Service, at any time in its sole discretion. If
NUSYS discontinues providing the Service generally, or terminates or suspends
your Service in its discretion without a stated reason, you will be responsible
for charges accrued through the date of termination, including a pro-rated
portion of the final month's charges. If your Service is terminated or suspended
for any stated reason, including without limitation, violation of any terms
of this Agreement, or because of improper use of the Service or Device, including,
but not limited to, your attempts to hack, disrupt, or misuse the Service or
your acts or omissions that violate any use policy of NUSYS or of a third party
provider to which NUSYS is subject, you will be responsible for the full month's
charges to the end of the current term, including without limitation unbilled
charges and disconnect fees if applicable, all of which immediately become
due, payable and chargeable to your credit card. 7(f) Reactivation/Continuance
of Service - If your suspended account’s Service
is resumed because you cured the violation, you will not receive a credit or
refund for the period during which the Service was suspended or limited. If
your Service has been terminated and then reactivated, you will be charged
a $39.95 reactivation fee but the $39.95 disconnect fee will be credited back
to you. You are responsible for a full month’s fee if the Service or
feature is reactivated after the beginning of a new billing cycle. 7(g) Taxes and Fees - Customer is
responsible for, and shall pay any applicable federal, state, municipal, local
or other governmental sales, use, excise, Universal Service Fund Fees, personal
property, value-added, 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 Devices and will be billed to your
credit card. If Customer is exempt from payment of taxes, it will provide NUSYS
with an original government-issued certificate attesting to tax-exempt status.
Tax exemption will only apply from and after the date NUSYS receives such certificate. NUSYS
charges fees for its services. The Activation Fee covers charges for setting
up and activating your account on our system. The Monthly Service Fee is the
basic charge associated with your service and includes charges defined by your
plan, features associated with your plan and basic account services. Usage
Charges are billed for the minutes you use above your allowance, if you exceed
the number of calling minutes on your plan. NUSY also bills for calls to directory
assistance and other information services. International Usage Charges
are the fees associated with calls to locations outside of your calling plan. There
are additional fees for Advanced Features, Add-Ons, Premium Services, Enhanced
features and other added products and services. You are responsible to
pay with your credit card for equipment purchases associated with your NUSYS
service. A regulatory recovery surcharge of $1.95 applies to each phone
number. This fee is used to pay expenses and regulatory-related fees, including
taxes, monthly number cost charges and related legal fees. An Emergency
911 Cost Recovery of $0.99 applies to each line of service. This fee is used
for costs directly associated with developing, implementing and maintaining
a nationwide E911 in compliance with FCC regulations and for 911 dialing. NUSYS
is required to bill and collect local, state and federal taxes imposed on NUSYS
customers by the various taxing authorities. NUSYS passes all taxes it collects
on to the appropriate taxing authority. State and/or local governments
may assess fees on NUSYS to pay for emergency services in your community. NUSYS
bills and collects 911 fees from its customers and remits such fees to the
appropriate authority. These fees may vary widely depending on where you live.
NUSYS is committed to supporting public safety services and resources in your
State. For more information about the fees collected in your community for
emergency services, contact your state or local elected officials. State
and local governments may assess taxes, surcharges and/or fees on your use
of NUSYS service. These charges may be a flat fee or a percentage of your NUSYS
charges and may change from time to time without notice. These charges are
based on the rates applicable to the address you provided to us. The
Federal Universal Service Fee is a monthly charge that covers the contributions
that NUSYS, as a VoIP provider, must make to the Federal Universal Service
Fund (USF). This fund supports the telecommunications needs of low-income households,
schools, libraries, rural hospitals, and consumers living in high-cost service
areas. This fee is applied to international and interstate charges at the FCC
required rate applicable to NUSYS’ USF contributions. You are responsible
for all applicable federal, state, provincial, municipal, local or other governmental
sales, use, excise, value-added, personal property, public utility or other
taxes, fees or charges now in force or enacted in the future, associated with
your account or use or payment for the Service or a Device. The amounts are
in addition to payment for the Service or Devices and will be billed to your
credit card as set forth herein. 7(h)
Disconnect Fee - Customer will be charged a disconnect
fee of US$39.95 per voice line upon termination of Service for any reason or
for convenience of Customer, unless the Customer is eligible for a full refund
of the original sign up fees pursuant to the terms of the Money Back Guarantee
as provided in this Agreement or the Customer used the Service for more than
twelve (12) consecutive months in accordance with the terms of this Agreement
and has fully paid for such Service. The disconnect fee becomes due and payable
immediately upon termination and will be billed directly to Customer's credit
card. 7(i) Return of Device - Return your
device to NUSYS for a refund of the original sign up fees less exclusions stated
herein, if you cancel services within the Money Back Guarantee period; you
return the Device to us with a valid return authorization number within fourteen
(14) days of the termination of Service and otherwise comply with the limitations
and conditions stated herein. Shipping and handling charges cannot be
refunded. You will be responsible for any charges for out of plan usage, payphone
calls to NUSYS toll free numbers, out of plan toll free minutes, premium features,
and directory assistance. NUSYS will not credit Customer if the Device
is damaged or not in its original condition as received by the Customer or
if Customer does not fully comply with this Section. If you initially receive
packaging and/or a Device that is visibly damaged, Customer agrees to note
the damage on the carrier's freight bill or receipt, keep a copy, and immediately
notify NUSYS by email at billing@nusystelecom.com. Keep
the Device and the original packaging, packing materials and parts intact and
contact NUSYS' immediately. 7(j) Money Back Guarantee; Limitations and Conditions - NUSYS
offers a free 30-day money back guarantee from the date of activation of your
Service. The money back guarantee applies only to the first-ordered line, not
to additional or secondary lines. NUSYS will refund the activation fee,
the monthly charge for the first month of Service and waive the disconnect
fee provided that you have not exceeded 250 minutes of in-plan usage, you cancel
your Service within the applicable period and you return all NUSYS issued devices
in original condition (normal wear and tear excluded) within 14 days after
cancellation of your Service. The Device must be returned in the original packaging
with the bar code intact and be accompanied by all components, cables, accessories,
parts, manuals, and other documentation. You cannot exercise the NUSYS
30-day money back guarantee and obtain a refund from NUSYS more than one time. You
must obtain a valid return authorization number from our customer care department
prior to returning the Device. We can be reached at billing@nusystelecom.com.
We cannot refund shipping and handling charges. You will be
responsible for any charges for out of plan usage, payphone
calls to NUSYS toll free numbers, out of plan toll free minutes,
premium features, and directory assistance. NUSYS may not be
able to refund all federal excise taxes and any other applicable
taxes. You will remain responsible for any charges for international
usage, payphone calls to NUSYS toll free numbers and directory
assistance. NUSYS
reserves the right to terminate or revoke this money back guarantee at any
time, without prior notice. The Money Back Guarantee will not be honored if
the Customer fails to meet all above requirements. 7(k) Notices - You acknowledge
that it is difficult for NUSYS to distinguish between credit and debit cards.
You agree to waive your rights to receive ten days advance notice from NUSYS
regarding the amount that NUSYS will debit from your account. NUSYS may send
you messages about your billing from time to time, but is not obligated to
do so. NUSYS may change or cease its messages at any time without notice to
you.
8. CONTENT
You are liable for any and all liability that may arise out
of the content transmitted by or to you or by or to Users using
the Services. You shall assure that your or any Users’ use
of the Services and content will at all times comply with all
applicable laws, regulations and written and electronic instructions
for use. NUSYS reserves the right to terminate or suspend affected
Services, and/or remove your or any Users' content from the
Services, if NUSYS determines that such use or content does
not conform with the requirements set forth in this Agreement
or interferes with NUSYS' ability to provide Services to you
or others or receives notice from anyone that Your or Users'
use or Content may violate any laws or regulations. NUSYS'
actions or inaction under this Section shall not constitute
review or approval of your or any Users' use or Content. You
will indemnify and hold harmless NUSYS against any and all
liability arising from the content transmitted by or to you
or by or to any Users using the Services. A "User" means
any person, whether authorized or unauthorized, using the Service
and/or Device provided to you.
9. RESOLUTION OF DISPUTES BY BINDING ARBITRATION
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY.
THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL
AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD
OF BY A JUDGE, JURY, OR CLASS ACTION LAWSUIT. YOU CONTINUE
TO HAVE CERTAIN RIGHTS TO OBTAIN RELIEF FROM A FEDERAL OR STATE
REGULATORY AGENCY 9(a) Mandatory Binding Arbitration and No Jury Trial - Any
dispute or claim between you, any member of your household or any guest or
employee of you and NUSYS arising out of or relating to the Service or Device
will be resolved by arbitration administered by the American Arbitration Association
before a single arbitrator in accordance with its Commercial Arbitration Rules.
The arbitration will take place in Monmouth County, New Jersey. The arbitrator's
decision will follow the plain meaning of the relevant documents, and will
be final and binding. Without limiting the foregoing, the parties agree that
no arbitrator has the authority to award relief in excess of what this Agreement
provides or award punitive or exemplary damages. Judgment on the arbitrator’s
award may be entered in any court having jurisdiction thereof. REGARDLESS OF
ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT
OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM
OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. All claims shall be arbitrated
individually. You shall not bring, or join any class action of any kind in
court or in arbitration or seek to consolidate or bring previously consolidated
claims in arbitration. This arbitration provision constitutes a waiver of any
right to a jury trial and an agreement to subject you to jurisdiction in, and
for the arbitration to be conducted in Monmouth County, New Jersey. If any
portion of this Section is determined to be unenforceable, then the remainder
shall be given full force and effect. THE ARBITRATOR MAY NOT AWARD DAMAGES
BARRED BY THIS AGREEMENT AND MAY NOT AWARD TO YOU ATTORNEYS’ FEES. YOU
AND NUSYS BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER
THIS AGREEMENT. 9(b) Arbitration Information and Filing Procedure - Before
you take a dispute to arbitration, you must first write to us at NUSYS Telecom,
5 Professional Circle, Route 34, Suite 111B, Colts Neck, NJ 07722 and give
NUSYS an opportunity to resolve the dispute. Before NUSYS takes a dispute
to arbitration, we must first attempt to resolve it by contacting you. If
the dispute cannot be satisfactorily resolved within sixty (60) days from the
date you or NUSYS is notified by the other of a dispute, then either party
may contact the AAA in writing and request arbitration of the dispute. Information
about the arbitration process and the AAA’s Rules and its fees are available
on the Internet at www.adr.org. The arbitration will be based on written
submissions of the parties and the documents submitted to the AAA relating
to the dispute, unless either party requests that the arbitration be conducted
using the AAA’s telephonic, online, or in-person procedures. Additional
charges may apply for these procedures. Any in-person arbitration will be conducted
at a location the AAA selects in Monmouth County, New Jersey. Arbitrations
under this Agreement shall be confidential as permitted by federal law.
10. GOVERNING LAW
This Agreement and the relationship between you and NUSYS shall
be governed by the laws of the State of New Jersey without
regard to its conflict of law provisions. To the extent
court action is initiated to enforce an arbitration award or
for any other reason consistent with these Terms and Conditions,
you shall submit to the personal and exclusive jurisdiction
of the courts located within the State of New Jersey and waive
any objection as to venue or inconvenient forum.
11. ENTIRE AGREEMENT - This Agreement,
including any future modifications as may occur within the
terms of the Agreement, and the rates for Services found on
our website constitute the entire agreement between NUSYS and
you and govern use of the Service by you, members of your household,
guests and employees. This Agreement supersedes any prior agreements
between NUSYS and you and any and all prior or contemporaneous statements,
understandings, writings, commitments, or representations concerning its subject
matter.
12. SEVERABILITY
If any part of this Agreement is legally declared invalid or
unenforceable, all other parts of this Agreement are still
valid and enforceable. Such invalidity or non-enforceability
will not invalidate or render unenforceable any other portion
of this Agreement.
13. PRIVACY
NUSYS Service utilizes, in whole or in part, the public Internet
and third party networks to transmit voice and other communications.
You acknowledge and understand that NUSYS cannot guarantee
that voice over IP communication is completely secure and agree
that NUSYS is not liable for any lack of privacy. NUSYS
may access your account and the Services to determine whether
the Services are being used fraudulently and/or in violation
of this Agreement, and for any other purposes. Go to
www.nusystelecom.com for additional information regarding our
Privacy Policy.
14. ASSIGNMENT
NUSYS 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.
15. NO THIRD PARTY RIGHTS
No provision of this Agreement provides any person or entity
not a party to this Agreement with any remedy, claim, liability,
reimbursement, or cause of action or creates any other third
party beneficiary rights.
16. NO WAIVER OF RIGHTS
Our failure to exercise or enforce any right or provision
of this Agreement will not constitute a waiver of such right
or provision.
17. SURVIVAL
The provisions of this Agreement that by their sense are
intended to survive, including, but not limited to, those
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.
