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 TERMS AND CONDITIONS OF ITALKBB HOME PHONE |
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| iTalkBB Home Phone |
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This agreement ("Agreement") is between iTalk Global Communications, Inc. ("iTalkBB") and an end user
("you," or "Customer") of iTalk's communications
services and any IP telephone, analog telephone
adapter or any other IP connection device or related
products or services ("iTalkBB Home Phone Service"). All Services are
governed by the terms and conditions of this Agreement.
ADDITIONAL OR CONFLICTING
TERMS AND CONDITIONS ON ANY DOCUMENT RELATED TO
THE SUBJECT MATTER OF THIS AGREEMENT ARE HEREBY
REPLACED BY THIS AGREEMENT.
The rates and charges for the Service, which may
be found at
www.Korea.iTalkBB.com
,
are effective as of August 15, 2013 and are subject
to change. For your most current rates and charges,
the most current version of the Agreement, or if
you have questions about your services, please visit
our website at
www.italkbb.com
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| Term |
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| Service is offered on a monthly basis beginning on the date Customer
activates service and continues for the duration of that calendar month.
The Service is automatically renewed unless Customer provides iTalkBB notification of intent to terminate
the Service not less than thirty (30) days prior to effective date of termination as set forth in Section 7 below. |
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| Emergency
Services - 911 Dialing |
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| The safety and security of customers
is of the utmost importance to iTalkBB. iTalkBB is happy to
announce that it now offers 911 Emergency Dialing Services to
its customers. However, iTalkBB's Emergency Dialing Services
are VoIP based services, and therefore, are subject to certain
limitations and outage factors that are different from traditional
911 accesses. It is important that you read, understand and inform all
residents and guests of these important limitations. |
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| USTOMER ACKNOWLEDGES THAT THE SERVICES DO
NOT SUPPORT TRADITIONAL 911 ACCESS TO EMERGENCY SERVICES.
WHERE AVAILABLE, ITALKBB SERVICES DO INCLUDE E911 ACCESS
TO EMERGENCY SERVICES, AND IN GEOGRAPHICAL AREAS WHERE
E911 IS NOT AVAILABLE, ITALKBB SERVICES INCLUDE EMERGENCY
DIALING. WHERE E911 IS AVAILABLE, A 911 CALL IS ROUTED
DIRECTLY TO 911 DISPATCHERS. WHERE E911 IS NOT AVAILABLE,
911 CALLS ARE ROUTED TO GENERAL EMERGENCY TELEPHONE NUMBERS
AND THE CALLER MAY BE REQUIRED TO VERBALLY STATE HIS OR HER ADDRESS.
THE CALL IS THEN ROUTED TO THE APPROPRIATE EMERGENCY SERVICE DISPATCHER.
ITALKBB ADVISES CUSTOMER TO MAINTAIN OR ACQUIRE AN ALTERNATIVE MEANS OF
ACCESSING 911 SERVICES. YOU AGREE TO ADVISE ALL HOUSEHOLD RESIDENTS,
GUESTS AND OTHER PERSONS WHO MAY BE PRESENT AT THE PHYSICAL LOCATION WHERE
YOU UTILIZE THE SERVICE OF EACH OF THE LIMITATION OF THE ITALKBB EMERGENCY
DIALING SERVICE AND OF AN ALTERNATIVE MEANS OF 911 DIALING. |
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| IMPORTANT EMERGENCY
DIALING LIMITATIONS: Customer understands and acknowledges
that the iTalkBB emergency dialing feature cannot be used in
conjunction with an iTalkBB "Virtual Telephone Number".
An iTalkBB Virtual Telephone Number is assigned to each customer.
The number always includes an area code of 899.
These Virtual Telephone Numbers are NOT loaded into national
emergency databases and will not function to access emergency services.
All customers must purchase a Public Switched Telephone Network (PSTN)
traditional telephone number from iTalkBB in order to access iTalkBB
Emergency Services. Customer further acknowledges that iTalkBB Services
do not function with outdialing services including home security systems,
medical monitoring equipment, fax machines or satellite television systems. |
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| REGISTRATION OF
PHYSICAL LOCATION REQUIRED: For each PSTN phone number that
you use for the Services, you must provide the physical location
where you will be using the Service. IF YOU FAIL TO PROVIDE A PHYSICAL
ADDRESS TO ITALKBB, YOU WILL NOT BE ABLE TO UTILIZE 911 SERVICES AND YOU
AGREE TO WAIVE ANY CLAIM OF LIABILTIY AGAINST ITALKBB.
When you move the Equipment (Equipment refers to the iTalkBB Adapter
sent to you by iTalkBB), you must register your new physical location with iTalkBB.
All 911 calls are directed to emergency responders based upon the address
you register with iTalkBB. If you move the Equipment and do not register
the new physical location, emergency responders will be dispatched to your
previous physical address. |
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| SERVICE OUTAGES;
BROADBAND OUTAGES; CONGESTION; AND SERVICE
INTERRUPTION: iTalkBB emergency dialing services will not
function in the event of a power outage or other interruption to your
electricity service until the power supply is fully restored. Following
a power disruption, you may need to reset your Equipment before the
iTalkBB Service, including the emergency dialing service will function
properly. Service outages or suspensions or terminations of service by your
broadband provider or ISP will prevent the Service, including the iTalkBB
emergency dialing service from functioning. Any interruption in your internet
access will prevent you from placing 911 calls during the interruption.
Broadband phone service is inherently subject to more network congestion and
reduced speed in the routing of 911 calls than traditional 911 dialing over
traditional public telephone networks. In the event that your iTalkBB account
is suspended or terminated for any reason, your iTalkBB Service,
including iTalkBB emergency dialing service will not function. |
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| DISCLAIMER OF LIABILITY AND INDEMNIFICATION:
iTalkBB does not control how 911 calls are answered or handled
by any local emergency response center. iTalkBB disclaims all
responsibility for the actions and conduct of any and all
national and local emergency response centers.
iTalkBB relies entirely upon third parties to route 911 calls
to local and national emergency response centers.
iTalkBB disclaims any and all liability or responsibility
in the event such third party data used to route the call is
incorrect or produces an erroneous result.
Neither iTalkBB nor its office , directors or employees may
be held liable for any claim, damage or loss and you hereby waive
any and all such claims or causes of action arising from or related
to the Services unless such claims arose from iTalkBB's gross negligence,
recklessness or willful misconduct. You, on your own behalf and on behalf of any third party,
hereby agree to defend, indemnify and hold harmless iTalkBB, its officers,
directors, employees and agents from and against any and all claims, losses, damages, fines,
penalties, costs and expenses (including attorneys' fees) relating to the absence,
failure or outage of the Service, including the iTalkBB emergency dialing service or
access to emergency service personnel. |
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| CANCELLATION OR TERMINATION OF SERVICE:
If you cancel your iTalkBB Service or, if iTalkBB terminates your iTalkBB Service
for any reason, you will no longer have access to 911 Emergency Dialing Services. |
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| UNDERSTANDING, ACKNOWLEDGEMENT
AND ALTERNATIVE 911 SERVICE:
You hereby acknowledge your understanding of the limitations of the iTalkBB
emergency dialing services described above. In the event that you are not
completely comfortable with the limitations of the Service, including the
iTalkBB emergency dialing service, you should immediately take action to
acquire an alternative means to access 911 services or you should immediately
terminate the Services. |
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| Incompatibility with Other Devices |
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You acknowledge that iTalkBB Service may not be compatible with
all non-voice communications equipment, including without limitation,
home security systems, TTY, medical monitoring equipment,
certain versions of TIVo, satellite television systems, PBX, Centrex,
other private telephone networks, or computer modems.
You waive any claim against iTalkBB for interference with or disruption
of these services and equipment, as well as any claim that iTalkBB is
responsible for any disruption of your business, if applicable.
While iTalkBB Service may work with a home alarm system,
iTalkBB does not recommend it. If for any reason you lose
broadband connectivity due to a power outage or problem with
your Internet provider, iTalkBB Services will not work and
your alarm system will not be able to make an emergency call.
For this reason, iTalkBB recommends you keep a basic landline
dedicated to your home alarm system and use iTalkBB Services
for your other calling needs.
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| Equipment
and Devices |
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| To provide Services,
iTalkBB may provide equipment or IP devices to Customer ("Equipment").
All shipments are F.O.B. iTalkBB's facilities.
You shall be the owner of the Equipment,
and bear all risk of loss for theft, casualty,
or damage to the Equipment. Customer agrees not to
change any serial number or Equipment identifier,
or to alter any Equipment without the express written consent of iTalkBB.
iTalkBB reserves the right to terminate Customer's service should you
tamper with the Equipment and you will be responsible for all charges in
the then current service period plus Early Termination and Deactivation Fee.
You agree and acknowledge that you will use the Equipment provided to you by
and from iTalk. iTalk reserves the right to suspend and cancel your service
where you failed to use the Equipment provided by iTalk. |
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| Money
Back Guarantee - Trial Period - Cancellation Policy |
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| iTalkBB offers a thirty (30) day trial period ("Trial Period") to
new Customers for their first iTalkBB account.
The Trial Period commences on the "Activation Date".
The Activation Date is the first to occur of the date that is seven (7) days
after the date customer signs up for iTalkBB Service or the date Customer places
the first call on the iTalkBB Service. If Customer is not satisfied with the Service,
Customer may terminate the iTalkBB Service at any time during the Trial Period and
obtain a refund of the monthly service fees or activations charges if applicable.
The Trial Period refund does not apply to toll usage (charges for calls to any country
or region that is not included in an unlimited calling plans selected by Customer) or any local,
state or federal taxes charged to Customer If customer does not send the iTalkBB Home Phone Adapter
to iTalkBB Cancellation Department within 7 days after calling to terminate service,
or if iTalkBB does not receive return packages within 15 days after cancellation date a
Deactivation Fee at amount of $59.99 will apply. To obtain a Trial Period refund, Customer must:
(a) Call iTalkBB within thirty (30) days of the Activation Date at 1-800-875-8318 and obtain an
Equipment return authorization and return address from iTalk's customer care department, and (b) Mail
the Equipment to iTalkBB within seven (7) days after calling to terminate service (parcel must be post
marked within the seven (7) day period) in its original condition including, all packing materials with
bar codes intact, all parts and accessories, documentation and manuals and all other items originally
shipped to Customer. Equipment returned to our local offices will not be processed. If iTalkBB does not
receive the returned Equipment within fifteen (15) days after the termination date, no refunds will be
made to Customer, the Deactivation Fee of $59.99 will not be refunded to Customer. Upon receipt of the
Equipment by iTalk, the amount of the Trial Period refund will be calculated based on the usage by
Customer during the Trial Period as follows: (a) Customers using fewer than 500 minutes during the Trial
Period will receive a refund of Activation Fee if applicable; plus the full amount of the Monthly fees
previously charged to customer's credit card. The ATA Transfer and Shipping Fee is not refundable,
and (b) Customers using 500 or more minutes during the Trial Period will receive a refund of Activation
Fee if applicable; the ATA Transfer and Shipping fee is not refundable. No monthly fee is refunded to
Customers using 500 or more minutes prior to termination. No charges for toll calls are refunded to
any customer at any time. Early Termination fees do not apply if Customer terminates service during
the Trial Period and all conditions of this Section 4 are satisfied. Early Termination fees do not
apply if Customer terminates a non contract plan at any time and all conditions of this Section 4 are
satisfied. |
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| Service
- Usage |
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iTalk Reasonable Residential Use Policy.
iTalkBB has developed the following Reasonable Residential Use Policy to describe permissible uses of its service,
and to prevent exploitation, fraud, and abuse of its unlimited calling plans and features. This policy is applicable
to all iTalkBB residential services.
Reasonable Residential Use.
Unless Customer purchases iTalkBB Small Business Plan, Customer acknowledges that he or she has purchased
residential services and features under one of iTalk's plan offerings ("Plan") for Customer's personal,
residential, non-business and non-professional use. Customer agrees that iTalk's residential service is
intended for use by Customer and his or her immediate family. If your Plan allows you to extend the
service or feature(s) to one or more mobile, land or VoIP numbers, such use is also considered to be
use under the Plan and subject to iTalk's Reasonable Residential Use Policy.
Impermissible Use(s).
Each of the following is considered to be outside normal residential use:
• use by or for others who are not members of Customer’s immediate family residing
in Customer’s home
• business use of any type, including home office businesses
• operating a customer care, support or call center
• resale to others
• auto-dialing or fax/voice blasts
• telemarketing
• all other non residential uses
Monthly usage which is 30% higher than the average usage by iTalk residential customers is
considered unusual and excessive usage and is subject to evaluation by iTalk. In addition,
usage involving specific numbers called, average call durations, forwarding and transferring,
conferencing and unusually short duration calling may, constitute impermissible use(s) of iTalk
Plan services.
Based on these factors, iTalk may determine that abnormal, unreasonable or impermissible usage
is occurring, and may take appropriate steps including but not limited to suspend or terminate
your service to enforce this Reasonable Residential Use Policy.
For Lawful and Appropriate Purposes Only.
You may not use our service or devices in any way that is illegal, fraudulent,
improper or inappropriate. You may not use any automated means to manipulate our
service or use our service to violate any law, rule, regulation or any third party's
intellectual property or personal rights. This section and iTalk's enforcement
provisions shall apply to all iTalkBB Plans, including, without limitation,
the iTalkBB Small Business Plan.
iTalk’s Enforcement of its Policies.
iTalkBB reserves the right to review and evaluate all customer accounts and to
take action if an account is outside of its Reasonable Residential Use Policy or
involves impermissible, detrimental or unlawful use. iTalkBB may assess abnormal
usage based on comparisons to the usage patterns and levels of our other customers.
If any customer's use is determined by iTalk, in its sole discretion, to be outside
of its Reasonable Residential Use Policy, iTalkBB reserves the right to transfer the
customer's account to an appropriate business Plan, charge more appropriate rates for
actual usage or to suspend or terminate service with or without notice.
If any customer's use is determined to be unlawful, iTalkBB will immediately suspend or
terminate the service with or without notice. iTalkBB will notify all proper authorities
of any illegal use of iTalk's service and will cooperate with all such authorities regarding
investigation and prosecution. iTalkBB hereby reserves all of its legal rights.
Changes.
iTalkBB reserves the right to change its Reasonable Residential Use Policy at any time without notice.
Any such changes shall become effective when posted to iTalk's websites.
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| Billing,
Charges and Payment |
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Credit Card
Payment. Upon purchase, Customer must provide iTalkBB a valid credit
card number from an accepted issuer (see iTalk's website for accepted issuers).
Customer authorizes iTalkBB to charge the credit card number ("Credit Card")
for all charges arising from Customer's use of the Services. Customer shall notify
iTalkBB of any change to the Credit Card information including, without limitation,
changes in account number, expiration date and billing address.
Invoicing. iTalkBB will provide Customer with a monthly
on-line invoice for Services and bill all charges invoiced to Customer's account to the Credit Card.
Charges shall include, Equipment purchases, monthly service fees, usage fees, shipping charges,
Early Termination Fees, toll charges, taxes and all other applicable charges. Monthly service fees
are paid in advance of each month's Service. Toll charges and other applicable charges are billed at
the end of each service month. Deposits, if applicable, are charged at the time of purchase and are
invoiced whenever the deposit is reduced by usage to $6.00 dollars. iTalkBB reserves the right to
charge Customer's Credit Card at any time during a service month if Customer's toll charges
exceed $24.00 dollars. Billing for monthly service fees, deposits and other applicable charges
commences upon purchase of Services, and the first month's monthly service fees will be prorated to
take into account any partial month of Service. Activation occurs when Customer's Equipment is registered
to iTalk's systems ("Activation").
Toll Charges.
All calls to or from Equipment using the Services that originates or terminates in the
Public Switched Telephone Network ("PSTN") is subject to the then applicable toll charges
that are associated with the service plan Customer has selected. All calls to destinations
outside the United States to a party that is not an iTalkBB Customer will be charged at the
then current international rates published on iTalk's website. The duration of each call
will be calculated in one minute increments.
Telephone Numbers. Any telephone number provided to Customer
by iTalkBB shall be leased and not sold. Customer may not use such number with any other devise
other than the Equipment with the express prior written consent of iTalk. iTalkBB reserves the
right to change, cancel or move the number in its sole discretion. The availability of all China
DID numbers is subject to and dependent upon the network facilities and regulatory environment in China.
iTalkBB cannot guarantee connection to any China DID from all cities and regions in China. iTalkBB further
cannot guarantee uninterrupted service on China DIDs.
Billing Disputes.
Customer must dispute any charges for the Services within thirty (30) days of receipt
of the monthly on-line invoice. Customer understands and agrees that Customer's failure
to dispute any charges with the thirty (30) day time period constitutes a waiver of all
claims to any dispute.
Late Payment - Non-Payment.
If any charges for Services are due but unpaid for any reason including,
without limitation, non-payment or declined Credit Card charges,
iTalkBB may suspend or terminate the Services and all accrued charges
shall immediately be due and payable, to include a late fee of the lesser of
1.5% or the maximum allowed by law. If charges cannot be processed to the Credit Card,
Customer will be charged a fee of ten dollars ($10.00). Neither suspension nor
termination shall relieve Customer from the obligation to pay all amounts owing under this Agreement.
Automatic Renewal of Global Annual Plans.
On or about the Anniversary Date of any Global Annual Plan the plan will be
automatically renewed for an additional one year term by charging Customers credit card of record,
unless not less than thirty (30) days prior to the Anniversary Date,
Customer provides iTalkBB notice of Customer's desire to cancel service or change to a
different calling plan or payment plan.
Applicable Regulatory Fees, Taxes, Surcharges, System Access Charges, Customer Equipment Maintenance/ Management Charges, and Intellectual Property/Legal Compliance Fees.
Federal, state, provincial, county, municipal and local governments may assess regulatory fees,
contribution fees, emergency dialing charges, taxes, surcharges and other compliance fees on your
iTalkBB Home Phone Service. Independent third party providers may charge regulatory and administrative fees,
legal/intellectual property compliance charges, equipment maintenance and management fees, surcharges,
taxes and access fees for services that iTalkBB is required to pay in order to enable your access to global
public telecommunications networks. iTalkBB may assess network access fees in applicable markets.
These charges may be assessed to you as a flat monthly fee, a percentage of your iTalkBB Home Phone
monthly service charges or both, and may change from time to time without notice. You are responsible
for all such fees and charges, now in force or enacted in the future, that arise from your subscription
for iTalkBB Home Phone Service. Such charges are in addition to your iTalkBB Home Phone Service charges
and will be charged to your account according to the plan or payment method you have selected.
Applicable portions of such fees and charges are paid to governmental agencies, third parties
or retained by iTalkBB to offset applicable costs associated with your subscription for
iTalkBB Home Phone Service. No such fees or charges shall be included in any refund under this Agreement.
No portion of fees paid by iTalkBB to the US Federal Universal Service Fund is included in any amounts
charged to customers as described in this paragraph.
Credits.
Customer acknowledges and agrees that the Services are provided "as is, where is".
No credit allowances shall be made for interruption of Service.
Promotions. iTalkBB may, in its sole discretion,
from time to time offer promotions or discounts on fees.
Customer must enter any promotion or discount codes upon initial purchase of the Services. |
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| Termination
of Service |
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iTalk reserves the right to suspend or discontinue
providing the Service or Customer's Service at any time in its sole discretion.
If the Service is terminated by iTalk in its sole discretion and for any reason other
than a breach or action of Customer, you will be liable for all charges accrued through
the date of termination. If the Service is terminated as a result of a breach or other action of Customer,
you will be liable for the entire month in which the termination occurs,
unbilled charges and Early Termination and DeactivationFees as set forth in below
(See Early Termination and Deactivation Fees) and all such charges shall be immediately due and payable.
Customer shall be responsible for the full monthly service fee for the month in which notice of termination is received. Early Termination and Deactivation Fees may apply to termination as set forth in below (See Early Termination and Deactivation Fees). |
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| Early Termination and Deactivation Fees |
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For contract plans, if Customer terminates the Service within contract term after the Activation Date and after expiration of the Trial Period, iTalk shall charge an Early Termination Fee to Customer's credit card in the amount of $99.00. All Customers that terminate the iTalk Service will be charged on their credit card a Deactivation Fee in the amount of $59.99. The Deactivation Fee will be waived if you return your Equipment to iTalk as follows: (a) Call iTalk at 1-800-875-8318 to obtain an Equipment return authorization from iTalk's customer care department, and (b) Mail the Equipment to iTalk within seven (7) days after calling to terminate the service (parcel must be post marked within the seven (7) day period) in its original condition including, all packing materials with bar codes intact, all parts and accessories, documentation and manuals and all other items originally shipped to Customer. Send equipment to our Return Department at 7926 Jones Branch Drive, Ste. 170, Mclean, VA 22102 USA. Equipment returned to our local offices will not be processed. If iTalk does not receive the returned Equipment within fifteen (15) days after the termination date, the Deactivation Fee will be charged.
If a promotional or plan benefit (such as free months or discounted pricing of service, free installation, rebate, or other incentive) is provided to you at no charge or at a specified discount based on your keeping iTalkBB service for a specific length of time, then, unless otherwise specified in the offer you received, the specified period begins on the Order Date. If you terminate your service before that period of time expires, you will be invoiced for the amount equals to the promotion or benefits you enjoyed.
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| Charges
for Changes in Plans |
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| iTalkBB will charge Customer's credit card a Plan Change
Fee in the amount of $29.99 if Customer chooses to change Plan from any plan with a Monthly Fee
of $10.00 or more per month to any plan with a Monthly Fee less than $10.00 per month. |
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| Changes
to the Agreement, Services or Plan |
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| iTalkBB reserves the right to change the Agreement,
Services or Plan at any time ("Change"). Changes will be posted on iTalk's website thirty days
before the effective date of the Change. Notice is deemed received by Customer and Changes will be
binding on Customer on the date such Change(s) is posted on the website. Customer is deemed to have
accepted the Change(s) unless Customer terminates the Service prior to the effective date of the Change
or uses the Service after the effective date of the Change. If Customer elects to terminate the Services,
Customer will be liable for all amounts due and an early termination fee, if applicable. Customer may, at any time,
request a change of Plan subject to charges associated with such change of Plan.
iTalkBB may reduce its prices for Services or Plans without prior notice to Customer. |
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| Technical
Support |
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| iTalkBB provides technical support
for Services and Equipment described in this Agreement during its normal business hours. |
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| Limitation
of Liability, Warranty and Indemnification |
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DISCLAIMER OF DAMGAES. ITALKBB SHALL NOT,
IN ANY EVENT OR CIRCUMSTANCE, BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS,
LOSS OF DATA OR CONTENT, OR ARISING OUT OF 911 OR OTHER EMERGENCY DIALING IN
CONNECTIONS WITH CUSTOMER'S USE OF THE SERVICES OR EQUIPMENT PROVIDED UNDER THIS AGREEMENT.
ITALKBB MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY ABOUT ITS SERVICES OR EQUIPMENT AND
DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OR IMPLIED WARRANTIES
OF MECHANTABILITY OR FITNESS FOR A PARTICLUAR PURPOSE OR USE. ITALKBB HAS NOT AUTHORIZED ANY PERSON OR
ENTITY TO MAKE WARRANTIES ON ITS BEHALF AND CUSTOMER MAY NOT RELY ON ANY STATEMENT AS A WARRANTY BY ITALK.
Liability. iTalkBB will not be liable for any failure of performance
due to any causes beyond its control or for any power outage, internet interruption, Equipment failure,
delay in installation, activation or commencement of Service. With respect to any other legal claim or dispute,
iTalk's liability shall be limited to the lesser of actual damages or one thousand dollars $1,000.
iTalkBB will not be liable for any act or omission by any other person or entity furnishing services
or products related to the Services or Equipment or for damages associated with service or equipment
that iTalkBB does not provide.
Indemnification. Customer hereby agrees to indemnify and hold
harmless iTalkBB and its officers, directors, shareholders and affiliates from and against any
and all claims, damages and/or liability arising out of the Services or Equipment, including,
without limitation, claims for libel, slander, invasion of privacy or infringement of copyright
arising out of material, data or information transmitted via the Services and claims arising out
of any intentional act or omission by Customer or others authorized by Customer to use the Service. |
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| Governing
Law and Dispute Resolution |
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Governing
Law. This Agreement shall be governed by the laws of the State of Texas
without regard to conflict of law provisions of any other state or jurisdiction.
Customer hereby consents to exclusive personal and subject matter jurisdiction of
the courts of the State of Texas.
Mandatory and Binding Arbitration.
All claims or disputes between Customer and iTalkBB arising in any way whatsoever out
of the Services or the Equipment shall be resolved by binding and final arbitration by a
single arbitrator. The American Arbitration Association shall administer the arbitration under
the Commercial Arbitration Rules. The arbitration shall be conducted in Austin, Texas in English language.
No arbitrator may award relief outside the limits set herein. Customer agrees that all claims shall
be in Customer's individual capacity and that Customer will not commence or join any class or consolidate
Customer's claim with the claims of any person or persons. Customer hereby waives any right to a jury trial. |
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| Copyrights |
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| All software utilized or provided by iTalkBB in connection with
the Services or Equipment shall be and at all times remain sole property of iTalkBB and are protected
by copyright laws and international treaties. |
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| Force
Majeure |
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| iTalkBB shall not be liable for any delay in performance
caused by acts of God, natural disasters, accidents, strikes, riots, war, government actions,
equipment or power failures or any other cause beyond its control. |
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| Assignment |
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| Customer may not assign or transfer this Agreement
or its obligations hereunder in whole or in part. iTalkBB may assign this Agreement at in
time and in its sole discretion. |
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| Entire
Agreement |
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This Agreement constitutes the entire understanding and
agreement between iTalkBB and Customer and supersedes all prior written or oral agreements
related in any way to the subject matter hereof.
Updated: May 17, 2017
Copyright iTalk Global Communications, Inc. 2012 |
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