These Terms of Service (“Terms of Service” or “Agreement”) for Preferred Long Distance, Inc. (“PLD” or “We”) (including, but not limited to, its officers, owners, shareholders, executives, directors, employees, affiliated companies, and any companies We are doing business as including but not limited to Ringplanet and Ringplanet Communications and Telplex and Telplex Communications, , agents or any other service provider that provides services to PLD or to its Customers) are a legal agreement between You (either an individual or an entity that You are representing, hereinafter “You” or “Your” or “Customer”) and PLD for the PLD Services (“Services”) and any products (“Equipment”) You obtain from PLD. Your use of the Services and/or Equipment constitutes Your agreement to the terms of this Agreement. You acknowledge that PLD would not agree to provide the Services or Equipment without that assent. You agree to read the following Terms of Service and only to use the Services and Equipment if You are in full agreement. Before using the Services or Equipment from PLD, You are fully aware and agree to be legally bound and hereby agree irrevocably to the Terms of Services within this Agreement. The Customer understands that PLD may change, modify, correct, suspend or discontinue any portion of this Agreement or the Services and limit or restrict any related functions of this site in whole or part, at any time, and PLD will use reasonable effort to notify Customer.
You hereby represent and agree that by activating or using our Service and/or Equipment that You are of legal age to enter into this Agreement, and have full authority from the account holder of said Services and Equipment to enter into this Agreement.
1. ESTABLISHMENT OF SERVICE
The Services and Equipment include new products, product changes, upgrades, support and other services. You may only receive the Services if You are a Service subscriber in good standing with a valid, authorized payment method on file with PLD. You understand that for IP Telephony Services, commonly known as Voice over Internet Protocol (“VoIP”), and Equipment to function, You must obtain Your own Internet connection from either PLD or another provider in order to use these Services, and We make no warranty or representation regarding the reliability of your Internet access or the quality of your Internet connection, as this is out of PLD’s control. We are not responsible for any third party products or services, or for problems in the Services caused by Your Internet connection or third party products or services, nor will We contact any third party provider on Your behalf.
1.1 Users, Superusers and Administrators
You may designate one or more users to be an account administrator with full administrative control of Your account from the PLD user interface. For most PLD Customers, the primary administrator for Your account is known as the Superuser or, in some cases, a primary administrator (collectively hereinafter, “Superuser”). Upon creation of Your account, the individual assigned to be the Superuser is the individual who entered into an agreement with PLD. The Superuser: (i) has the ability to make any changes to the account (e.g., service additions, service deletions, assignment of users, account cancellations, updates to credit cards, etc.); and (ii) is the authorized individual on Your account with respect to porting of Your telephone numbers to a carrier other than PLD. The Superuser may assign one or more additional administrators on the account and may re-assign “Superuser” status to another user. In the event that You wish to re-assign the Superuser designation on Your account and the Superuser is unable to make the change, PLD will require that You submit an E-mail from the Superuser’s E-mail address which is on file with PLD or otherwise provide a written request via facsimile, on Your letterhead and executed by an officer or owner of the company which You represent.
Administrators on the account have the ability to make changes to the account (e.g., service additions, service deletions, assignment of users, updates to credit cards, etc.) but may not:
a) Authorize an account cancellation,
b) Designate himself or herself as the Superuser, or
c) Designate any other user as an administrator.
It may take up to 30 days for a change in Superuser to take effect.
Should You wish PLD to provide information on Your account with respect to a customer service record or actual call log details (other than through the user interface), such request may be made by the Superuser or any administrator on the account, but information provided by PLD will only be transmitted to the E-mail address on file for the Superuser. The Superuser or any other administrator may designate the one or more “Company Contacts” for the account. The Company Contact is the individual(s) who will receive all messages from PLD concerning matters of general relevance to the account (notices of updates to the account, billing notices, maintenance alerts, etc.), which such notices are typically provided through electronic mail. PLD will initially assign the Superuser to be the Company Contact. A Company Contact may or may not be the Superuser or an administrator for the account.
The term of this Agreement (“Term”) begins on the date which Customer purchases Services or Equipment from PLD by signing an additional agreement(s) (“Contract” also known as the “Quote Sheet”) and ends upon termination of all Services, except as other provided herein. The terms and conditions of any such Contract automatically renew for the same terms unless Customer gives sufficient notice per said Contract terms.
2.1 Cancellation or Termination
Upon Your request to initiate cancellation You will provide and PLD will collect the pertinent information to effect cancellation as reasonably possible in accordance with Your instructions. You will receive written confirmation of the cancellation (whether all Services or individual Services) from PLD.
With regard to VoIP Services, You may cancel the Services by providing PLD with a notice of Your intent to cancel at least 72 hours in advance by having the Superuser to the account complete the input form located on the account portal. YOU MAY ONLY CANCEL SERVICES BY COMPLETING THIS FORM. PLD WILL NOT ACCEPT CANCELLATION VIA TELEPHONE, E-MAIL, FAX, SMS OR OTHER METHODS. FAILURE TO CANCEL SERVICES IN ACCORDANCE WITH THIS SECTION WILL RESULT IN ONGOING SERVICE FEES. You acknowledge that the cancellation will be effective no earlier than 72 hours after You provide notification to PLD via the cancellation form. PLD will provide You with E-mail confirmation of both Your request to cancel Services and the actual cancellation of Services. If You do not receive a confirmation of Your request to cancel after submitting the form or if You do not receive a confirmation of Service cancellation, You must notify PLD by contacting PLD Customer Care at the number located on Your invoice.
You understand and agree that cancellation of Your Service is Your sole right and remedy with respect to any dispute with PLD. This includes, but is not limited to, any dispute related to, or arising out of:
a) Any term of this Agreement;
b) Your Contract for Services or Equipment;
c) PLD’s enforcement or application of this Agreement or Contract;
e) The amount or type of fees, applicable taxes, billing methods, or any change to the fees, applicable taxes, or billing methods.
In the event that You subscribe to additional, alternative, or ancillary Services provided by PLD, Your election to cancel telephone service or any termination with PLD may also cancel such ancillary Services. In the event that PLD is providing data backup, voicemail recording, call recording, or other such ancillary service to You, all of Your data, including all recordings, will be deleted on or after the date that You notify PLD to cancel such service. In the event that You cancel a Customer account within the online Web user interface, the user data associated with such account on the ancillary service will be automatically deleted.
PLD does not refund in whole or in part, or issue credits for any charges already billed to Your account. In the event You signed up for a minimum commitment period for the Services being cancelled, You are responsible for all charges per the terms of that Contract.
You should cause any Equipment sold to You by PLD to be shipped to PLD’s then current address, as will be provided to You by our customer support team. You will be responsible to pay for all shipping and handling charges associated with Your returning of the Equipment if you choose to, and You will bear the risk of loss with respect to the shipment of the Equipment. In other words, if the Equipment is not received back by us in good, properly working condition or if We do not otherwise timely receive back from you the Equipment, You will not be entitled to receive a credit of any applicable security fees, even if the Equipment was properly working and in good condition at the time you shipped it back to us. You will be entitled to a credit in the amount of any applicable security fees if You return to us the leased Equipment within 14 days from the date that You provide us with notice of termination of your Service, provided, that We receive the leased Equipment back from you in good, properly working condition.
2.2 PLD’s Right to Terminate or Modify Services.
PLD may modify the terms of this Agreement or other Contracts, including, but not limited to, the price, content, or nature of the Services or Equipment, upon notice to You. Your continued use of the Services or Equipment constitutes Your agreement with the modified terms of this Agreement or Contract. If You are located in a jurisdiction that prohibits the enforcement of material changes to this Agreement without express notice to You, prior to such changes or cancellations becoming effective with respect to You, PLD will notify You thereof by electronic mail which will contain the changed terms or a link to the website where such changes or cancellations are posted. Your use of the service after receiving such notice shall constitute Your acceptance of all such revisions and cancellations.
In the event PLD materially modifies the Agreement or the Contract to Your detriment, then You may terminate the Services as provided above.
PLD may terminate this Agreement and any Contracts at any time upon notice to You as provided herein or therein. Provided that in the event You have not violated any term of this Agreement or Contract, You will be entitled to receive the Services or Equipment for any period for which You have already paid, or a pro-rata refund at PLD’s sole discretion. This Agreement or any Contract will automatically terminate if You fail to comply with any term. No refund will be provided in the event that You have violated any term of this Agreement or Contract. No notice shall be required from PLD to effect such termination. Upon any termination of this Agreement (whether by You or PLD), You shall immediately discontinue use of the Services or Equipment. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement or Contract.
2.3 Assignment of Numbers Upon Activation.
You acknowledge that it is Your responsibility to work with a third party provider to port out those numbers prior to Your termination or cancellation of Your account or termination of services. You acknowledge that You must assign any numbers in Your account to a corresponding extension and the failure to do so within five (5) business days may result in the release of such numbers and You will not be able to obtain those numbers in the future. You also acknowledge that in such case, PLD is not liable for any damages as a result of such failure. More information regarding the Porting of Numbers may be found in Section 6 of this Agreement.
3. SERVICE USE RESTRICTIONS.
3.1 Compliance with Laws
You agree that You shall only use the Services in a manner that complies with all laws and regulations applicable to Your use of the Services and/or Equipment, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights, and restrictions concerning call recording, call monitoring, call interception and/or direct marketing or telemarketing. PLD may provide You with guidelines regarding compliance with applicable laws and regulation(s); however, You are solely responsible for ensuring that Your use of the Services is in compliance with such laws and regulations, including, but not limited to, the Telephone Consumer Protection Act (“TCPA”), the Telemarketing Sales Rule (“TSR”), the Do Not Call list registry rules (http://www.donotcall.gov), the Digital Millennium Copyright Act (“DCMA”), and other rules governing the Services as established by the Federal Communications Commission (“FCC”), the Federal Trade Commission (“FTC”) or other regulatory authorities. You may only use the Services for Your own use. You may not use the Services in any way to provide, or as part of, any commercial service or application or in any way interfere with the users, services or equipment of the network. You may not attempt to, in conjunction with any device, software program or service, circumvent technological measures employed to control access to the Service or Equipment. In addition to any other remedies available in equity or law to PLD, failure to comply with any of the terms and conditions in this Section 3 shall result in immediate termination of the Services or Equipment.
3.2 Fair Use
PLD’s business service plans and features are for normal, reasonable business or residential use and consistent with the types and levels of usage by typical customers on the same business or residential calling plan. “Typical” refers to the calling patterns of at least 95% of our business or residential customers, respectively, on the same respective business or residential calling plan. While most reasonable uses of our Services or Equipment in connection with the terms of this provision (“Fair Use Policy” or “Policy”) are permitted by PLD, unauthorized or excessive use beyond that normally experienced by typical business customers may cause extreme network capacity and congestion issues and interfere with our network and third party networks with whom We connect for call initiation and completion services. Such unauthorized or excessive use may manifest itself in increased busy signals for our customers and others, and may result in service termination. Any such excessive usage or other use or action of the Services or Equipment that causes a disruption in the network integrity of PLD services or its vendors, whether directly or indirectly, is strictly prohibited and may result in immediate suspension or termination of the Services.
3.3 Excessive Usage
You agree to use unlimited voice plans for normal voice related communications with aggregate usage that falls within the range of similarly situated business customers but in no event in excess of 3,000 minutes per billing cycle per extension. If it is determined that Your usage is excessive or abusive, as determined in the sole judgment by PLD, then You agree to pay a per minute or per page fee for use in excess of those levels at the then current rate established by PLD, of at least $.06 per minute and/or $.06 per facsimile page. Also, upon such determination then at PLD’ sole option, Your service may be immediately suspended or terminated without notice. THIS OVERAGE FEE APPLIES TO ALL PLANS INCLUDING UNLIMITED PLANS. A Customer’s aggregate usage may be considered outside of normal use if it involves excessive usage, as described above, when:
Use of unlimited “paperless facsimile” service must also fall within the normal range of similarly situated business customers and shall in no event exceed 500 transmitted pages sent or received per billing cycle.
3.4 Evaluation of Usage
PLD evaluates customer usage in comparison to typical levels of permissible usage engaged in by our customers and their respective plans, and PLD reserves the right to review usage of unlimited usage plans to ensure that each Customer is not abusing such plans. Each of the following is impermissible under PLD’s plans and considered outside of normal use and subject to suspension or termination without the right to cure by Customer:
You agree that You will NOT use the Services in ways that violate laws, infringe the rights of others, or interfere with the users, services, or equipment of the Services. You agree and represent that You are purchasing the Services and/or the equipment for Your own internal use only, and shall not resell, transfer or make a charge to the Services without the advance express written permission of PLD.
We reserve the right to at any time to enforce the Fair Use Policy in accordance with its terms.
3.5 For Lawful and Appropriate Purposes Only
You agree to use the Service and/or Equipment only for lawful purposes and not to use them for transmitting or receiving any communication, content or material of any kind which, in PLD’s sole judgment, is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable, including where the transmission, receipt and/or possession of such communication or material would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. PLD reserves the right to suspend or terminate your Service immediately and without advance notice if PLD, in its sole discretion, believes that You have violated the above restrictions. Following is a non-exhaustive list of examples of illegal, fraudulent, improper, or inappropriate uses of our Service and or devices, for which PLD may suspend or terminate Your Service if You use it to:
You are liable for any and all use of the Service by any person making use of the Service under Your account. You agree to indemnify and hold harmless PLD and its affiliates and each of their respective officers, directors, shareholders, employees, agents, contractors, representatives, content providers and service providers, from and against any and all losses, claims, obligations, liabilities, damages, settlements, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, disbursements and attorneys’ fees, including attorneys’ fees incurred from counsel selected by PLD in its sole discretion) arising from or relating to any actual or threatened claim, suit, action, proceeding, governmental investigation or enforcement action based upon or arising out of: (i) Your breach of the above warranties; or (ii) any use by You, or an account or computer owned by You, of the PLD Services. You agree to cooperate as fully as reasonably required in the defense of any claim, suit, action, proceeding, governmental investigation or enforcement action, but we reserve the right, at Your expense, to assume the exclusive defense and control of any matter in which You are a named party and that is otherwise subject to indemnification by You. You acknowledge and agree to be held liable for any and all damages caused to PLD by you as a direct result of a violation of local, state, national or international laws and regulations, including, but not limited to, those damages that may arise from your fraudulent, intentional or unintentional harm, disability, unauthorized use of, or destruction to any and all Equipment, licensing and/or Services provided by PLD to You.
3.6 Prohibited Use
You may not use any automated means to manipulate our Service or use our Service to violate any law, rule, regulation or any third parties intellectual property or personal rights. You shall not use our Service or our device to:
We may monitor the use of our Service for violations of these Terms of Service. We may remove or block all communications if We suspect a violation of this Agreement, or if We think it necessary in order to protect our Service, or those of underlying carriers or PLD’s affiliates, directors, officers, agents, and employees from harm.
3.7 Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software
The Service, including any Equipment, firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service (including firmware embedded in any Equipment), and all information, documents and materials provided or offered by PLD and on its website are protected by trademark, copyright and/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 PLD are, and shall remain, the exclusive property of PLD and nothing in this Agreement shall grant you the right to right or license to use such marks. You acknowledge that you are not given any license to use any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in any Equipment, other than a nontransferable, revocable license to use the same (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement, and that the Equipment is exclusively for use in connection with the Service. You may not use the Service through any analog telephone adapter (or similar device) not provided by PLD. You represent and warrant that you possess all required rights, including software and/or firmware licenses, to use any other equipment (e.g. telephone handsets) permitted to be used with the Service and you agree to indemnify, defend and hold harmless PLD and the PLD Indemnitees from and against any and all Indemnifiable Damages incurred or suffered by them arising out of or in connection with your use of such equipment with the Service.
3.8 PLD’s Rights
We reserve the right to review Your account and take further action, including, but not limited to, immediate suspension of Your Service if account usage is beyond normal standards for typical customers on the same calling plan, impermissible or detrimental to other customers’ ability to use the Service or adversely affects our or third party network providers’ operations. We may assess abnormal usage based on comparisons to the usage patterns and levels of our other customers on the same plan(s). If We determine that You are engaging in abnormal or impermissible usage, we will use commercially reasonable efforts to inform You and may provide You with the opportunity to correct the improper usage. If We afford You the opportunity to correct Your abnormal usage patterns and You fail to immediately conform to normal use, We may exercise our right to transfer Your service to a more appropriate plan, charge applicable rates for that plan, implement other limitations or suspend or terminate Your service with or without notice. If We believe that our Service has been used for an unlawful purpose, We may immediately terminate Your Service with or without notice and/or forward the relevant communication and other information to the appropriate authorities for investigation and prosecution. We reserve all of our legal rights.
3.9 Right to Disclose Information
If We believe that You have used our service or device for unlawful purpose, We may forward the relevant communication and other information, including Your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, You hereby agree disclose Your name, telephone number, credit card information, and other personal information, any communications sent or received by You, and any other information that We may have about Your account, including but not limited to, types of service, length of service, MAC address(es), IP address(es), E-mail address(es), registered 911 address, and all other account information, as follows:
You acknowledge that PLD intends to fully comply with the Communications Assistance for Law Enforcement Act of 1984, and all rules and regulations promulgated thereunder, as the same may be amended from time to time (”CALEA”). You agree and consent to PLD’s right to monitor, tap, trace and otherwise disclose the nature and content of your communications if and as required by law enforcement authorities without notice to you and to provide such other assistance to law enforcement authorities as may lawfully be requested by them.
PLD reserves the right to change this Policy at any time upon notice to You. Changes shall become effective upon the later of the date specified in the notice or when a revised Policy is posted to PLD’s website.
4. PERSONAL INFORMATION AND PRIVACY.
PLD utilizes the public Internet and third party networks to provide voice and data services. Accordingly, PLD cannot guarantee the security of Your voice and data communications. PLD is committed to respecting Your privacy. If You choose to provide personal information, it will only be used in the context of Your relationship with PLD, and may be disclosed under the terms listed in Section 3.8 of this Agreement. You authorize PLD to use Your account information to offer You either directly, or through third parties on behalf of PLD, other PLD Services and Equipment. PLD will not sell, rent, or lease Your personal information to third parties, unless such third parties are calling on behalf of PLD Services and Equipment. You may opt out of any approval to receive such solicitations.
5. NOTIFICATION OF SERVICE CHANGES.
From time to time, PLD may send You and Your employee’s E-mails or text messages (SMS) describing new or changed Services, and how to access them, to the E-mail addresses or SMS mobile phone numbers You provide. If You provide us with Your cell phone number, You consent to receiving service-related information from us via SMS. You will receive service related E-mails or SMS messages even if You have opted out of receiving other E-mails or other SMS messages from PLD. If You do not want to receive service related E-mails or SMS messages, You may opt out by contacting PLD Customer Care at the number on Your invoice. You also agree that You are solely responsible for the SMS charges that Your wireless provider may charge for both sending and SMS to us and for receiving any account-related SMS from PLD.
6. PORTED TELEPHONE NUMBERS ON SERVICE DISCONNECTION.
6.1 Single line Accounts
You may be able to take, or “port,” Your current telephone number(s) to another service provider. You will remain responsible for all charges and fees until You notify PLD of Your election to cancel services in accordance with this Agreement or appropriate Contract. Until You notify us of Your intention to cancel, Your Service and Your Agreement or Contract with us will not terminate, You will remain a PLD Customer, and You will continue to be responsible for all charges and fees associated with Your PLD Service. You will not receive any refund or partial refund or any credits for any charges already billed to Your account.
6.2 Multiple-line Accounts
If You request that a new service provider port a number from us and You have multiple numbers assigned to Your account and/or additional equipment on Your account, You are required to notify us of Your intent to terminate the specific affected Services on Your account or We will continue to bill for such Services. You will continue to be responsible for all the charges and fees associated with the remaining Services on Your PLD account. You will not receive any refund or partial refund or any credits for any charges already billed to Your account. Until Your numbers port to another carrier You will be responsible to pay for all Service and Equipment charges incurred.
Telephone numbers assigned by PLD for PLD’s facsimile service cannot be ported to a new service provider without the assistance and cooperation of PLD’s underlying partner who provides their phone numbers. PLD will use commercially reasonable efforts to facilitate a port of a facsimile number which was ported on Your behalf to PLD by another service provider. You may be required to pay a porting fee to PLD of not less than $100 per facsimile number ported.
6.3 Requests for PLD to Port numbers to PLD
If You request that PLD port a number from an existing service provider to PLD, PLD will use commercially reasonable efforts to assist You in porting that number. You acknowledge that service providers require verification of identity, as well as authorization and other reasonable information in order to port any numbers to PLD. You must correctly complete a letter of authorization, provide us with a copy of Your most recent bill from such service provider, and provide us with any other information required by such service provider to port Your number to PLD. FAILURE TO PROVIDE ANY INFORMATION REQUESTED BY PLD OR THE THIRD PARTY SERVICE PROVIDER WILL DELAY THE PORTING OF THE NUMBER TO PLD. PLD SHALL NOT BE RESPONSIBLE FOR ANY DELAY IN THE PORT OF YOUR NUMBER AND WILL NOT PROVIDE CREDIT FOR ANY SUCH DELAYS.
In some cases, PLD may permit You to submit documentation required to port numbers using a web-enabled user interface. You may withdraw Your consent to submit Your porting request telephonically by contacting PLD Customer Care prior to our submitting the porting request to the carrier. PLD is not responsible for any loss or damage caused as a result of any failure to port a number to or from PLD or any disruption of Service encountered during the port process.
7. PAYMENT & SERVICES.
7.1 Automatic Monthly Billing
The Services and Equipment are provided on a monthly basis, with an automatic monthly or term renewals unless You give us notice either per the terms of Your Contract or, if Your Service plan is on a month-to-month basis, then seventy-two (72) hours’ notice of cancellation prior to a scheduled billing date in accordance with the requirements below. You agree to pay PLD the non-recurring and recurring monthly service charges, set-up charges, equipment, and usage charges, if applicable, for Your use of the Services plus any applicable taxes as set forth herein.
7.2 Payment Processing
You agree to provide us with a valid E-mail address and a valid payment method. You must advise us immediately if Your E-mail address changes and/or payment method changes or expires. Failure to comply may result in the immediate termination and interruption of the Services. You authorize PLD to automatically bill the credit card You provided, until You cancel the Services in accordance with the requirements herein. You agree that PLD may receive updated information about Your account from the financial institution issuing Your credit card. You authorize PLD to charge the credit card for all charges owed by You. Your credit card authorization will remain valid for sixty (60) days after PLD receives written notice as described herein, or in Your Contract terminating PLD’s authority to charge the credit card. It is Your responsibility to ensure PLD has a valid credit card and if PLD’s charges are rejected for any reason, then PLD may suspend or terminate service at any time without further notice. PLD may also stop accepting credit cards from certain issuers as determined in PLD’s sole discretion. If the credit card is no longer valid for any reason, then You are responsible to substitute a valid credit card in order to avoid interruption or termination of Service as well as any other fees responsible to the Contract.
Under certain circumstances, a Customer may make payments by check or wire transfer. Those Customers will be charged a $10 per month processing fee. In the event that You present a check to PLD for payment that is returned by Your bank for non-sufficient funds, You shall pay a processing fee of twenty five dollars ($25.00).
Our provision of Service to You is at all times subject to credit approval by us. You agree to provide us with such credit information or assurance as We may reasonably request from time to time. You acknowledge that We may discontinue credit at any time without notice and/or require a deposit.
7.3 Fee Payments, Late Charges Disconnection
Except for usage-based fees, all fees are due in advance on the first day of each billing period. PLD may provide You with a monthly statement for Service if requested; and, will charge all Services and Equipment to Your credit card in advance each month except for usage fees which are billed in arrears. Fees may include monthly recurring charges (“Service Fees”), and other non-recurring charges.
Service Fees may include but not be limited to:
All Usage-Based charges (including but not limited to charges for calls to Alaska, Hawaii, non-Canadian international calls, Call Queue and Conference Calls), USF, 911 Fees and any other non-recurring Service Fee charges are due and payable in arrears on the first day of each billing period following the month they were incurred. You agree to pay for all Equipment and set-up fees at the time You accept any agreement for the Services and Equipment. You agree to pay for the first month of Services and Equipment upon Your request for such Services and Equipment.
All payments, including payments paid in advance, are completely non-refundable. Failure to pay in full may result in immediate account suspension without further notice and PLD shall have no liability for such suspension under any circumstances. Accounts will be reactivated, at PLD’s sole discretion, only when the account balance is paid in full and a twenty five dollar ($25.00) reconnect fee is paid.
PLD reserves the right to charge the credit card for up to sixty (60) days after receipt of notice of termination. In instances where payments are made via check or wire transfer, or if charges are rejected by a credit card processor, payment is due immediately after the invoice date and PLD will assess an additional 1.5% (or the highest amount allowed by law, whichever is higher) per month late charge if Your payment is more than thirty (30) days past due until payment in full is made.
PLD may modify the rates for Service fees or Usage Fees, Equipment Costs, or other fees or charges at any time, but will provide at least thirty (30) days’ advance notice by postal mail, E-mail or by publishing the new Service fees or Fees on its respective website.
Payment terms may be specified on the invoice, including late payment, reconnect fees, non-sufficient fund fees, and processing fees, if different from the terms herein. You are responsible and liable for any fees, including attorney and collection fees, that PLD, may incur in its efforts to collect any remaining balances from You. You also agree that You will be billed for and will pay any outstanding balances if You cancel the Services.
During any period of suspension for non-payment, Services will be unavailable to You until the account balance is paid in full. In the event that PLD is providing data backup service, call recording service, or any other service for which PLD is collecting or providing data, to You during a period of suspension, You will be unable to backup new data or record calls and You will be unable to access any data or recordings that have previously been stored by PLD.
Notwithstanding the foregoing, in the event that Your use of the Services involves usage-based charges that in PLD’s opinion are substantial, PLD may, in its sole discretion, process charges against Your payment method prior to Your regular monthly billing cycle date and then true up on a forthcoming invoice. Upon termination of service for any reason, Customer will immediately stop using any numbers and Service assigned by PLD. PLD reserves the right to charge a fee for any chargebacks unless in connection with a valid dispute recognized by PLD as due to PLD’s error.
7.4 Invoice Discrepancies & Currency Conversion
We deliver all invoices through mail or E-mail only, unless PLD agrees in writing to an alternate method. All transactions are charged in U.S. dollars (USD). Customer must notify PLD of any dispute in writing via certified mail within 30 days of the date of the charge appearing on Your account statement otherwise You waive any objection to such charge and further recourse. Written letters must be sent to Preferred Long Distance, Inc. Billing Department, 16830 Ventura Blvd. Suite 350 Encino, CA 91436. Customer is still responsible for amounts that are not in dispute and pay such amounts timely. Undisputed amounts that are not timely paid in full may result in termination or interruption in service.
7.5 Recovery Fees
The fee to make changes to Your account is ($7.95). The Regulatory Recovery Fee is $3.95. Local number portability fee is $1.83. USF Carrier cost recovery fee is $0.99. E-911 fee is $1.95. Excessive Usage, conference calling and call queues are $0.06 per minute round up to nearest minute and billed in full minute increments. Cancellations to port request are $15.00 each.
A Regulatory Recovery Fee for every phone number is assigned to Your account and will be charged monthly to offset costs incurred by PLD in complying with inquiries and obligations imposed by federal, state and municipal regulatory bodies/governments and the related legal and billing expenses. This fee is not a tax or charge required or assessed by any government. The Regulatory Recovery Fee will apply to every phone number assigned, including toll free and virtual numbers.
The FCC requires that PLD provide emergency 911 services, and allows us to charge a recurring monthly fee that is used for the following: next generation costs required by the Federal Communications Commission (“FCC”) for supporting computer software and hardware upgrades that allow public safety answering points (“PSAP”) to send assistance to the registered location of a 911 caller. The monthly Emergency 911 Fee is charged for each Unlimited and Metered Extension and for each Secondary Line Appearance.
Prices for the Services do not include any customs duties, sales, use, import or export, value added, excise, federal, state, local, public utility, USF, 911 Fees, and other regulatory fees or other similar charges. All such taxes or charges shall be paid by You and will be added to any amounts otherwise charged to You unless You provide PLD, with an appropriate exemption certificate. If any amounts paid for the Services are refunded by PLD, applicable taxes may not be refundable. If service is disconnected, Customer acknowledges that the Invoices from PLD are valid accounts stated verifying Customer’s liability to PLD, plus any collection costs and attorneys’ fees associated with collecting from Customer.
7.7 Release of Numbers
You acknowledge that in the event of any account termination or cancellation, all telephone numbers associated with Your account may be released unless PLD is required by law to port your telephone number(s) to another carrier. Similarly, the cancellation of individual services which have associated telephone numbers will result in the release of such numbers unless PLD is required by law to port your telephone number(s) to another carrier.
7.8 Unlimited Voice Services
Unlimited calling applies only to calls made within the continental United States and Canada. Calls to Alaska, Hawaii and all non-Canadian international calls are subject to additional usage charges.
Unlimited voice services are provided solely for live dialog between individuals. Unlimited voice services may not be used for conference calling, call forwarding, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, or other connections which do not consist of uninterrupted live dialog between individuals. If PLD finds that You are using an unlimited voice service offering for other than live dialog between two individuals, PLD may, at its option, terminate Your service or change Your plan to one with no unlimited usage components. PLD may provide commercially reasonable written or E-mail notice that it intends to take any of the above actions, and You may terminate the Agreement. Notwithstanding the foregoing, You shall be entitled to use PLD conference calling services such as three way calling and PLD-provided conference calling bridges. Unlimited Usage service plans are subject to interruption if the services or usage are determined excessive or in violation of the fair use terms described in Section 3, above.
7.9 Metered Usage
There are certain calls which will incur additional usage charges, such as calls to Alaska, Hawaii and international calls. In addition, certain features such as call forwarding from auto attendants to an outside number, calls to a queue, and each line on a conference bridge will all incur charges at the then current rate established by PLD. Metered usage is billed in full-minute increments, and actual usage is rounded up to the next full increment at the end of each call for billing purposes.
7.10 Credentials Necessary to Access Services
Customer is responsible to secure all credentials used to access the Services, including credentials used by telephones or softphones and credentials used by users or administrators to access the PLD user interface, as well as the media access control (MAC) address of telephones used by Customer. Customer acknowledges that placing telephones on a publicly accessible internet protocol address or a publicly accessible network will subject the Customer to a higher level of risk for fraudulent activity, as will use of the Services using a network that has not been secured using best practice measures. Customer acknowledges that Customer bears the risk of loss arising from any unauthorized or fraudulent usage of the Services. PLD may, but shall not be required, to take action to prevent or terminate any fraud or abuse in connection with the Services.
8. ANCILLARY SERVICES
Additional PLD Services can be purchased by users You designate as administrators through the PLD user interface or by calling PLD Customer Care. You hereby authorize those users with administrative privileges to:
a) Add Services or Equipment to Your PLD account; and
b) Commit You to pay for these Services or Equipment on a recurring monthly basis.
You further authorize PLD to obtain payment of Your then-current statement balance from You each month from Your credit card account.
Caller name identification (i.e., caller ID with name) Services provided by PLD are based on availability of such Services from PLD’s underlying providers. We do not guarantee that such Services are available for all numbers in all serving areas.
Each voicemail message recorded by PLD shall be retained for a minimum of three (3) months from the date the message was recorded. PLD retains the right to purge all voicemail messages after this minimum retention period.
Certain Services provided by PLD shall be subject to separate Contracts which shall supersede this Agreement in the case of any conflict of terms. If any such Contracts, or any provisions therein, are held to be unenforceable for any reason, then the terms of this Agreement shall apply with respect to the supply of that Service and Equipment.
PLD may introduce new ancillary Services to new and existing customers. Such ancillary Services may sometimes be offered on a trial basis for a specified period of time during which no fees shall apply to Customer. In some cases, the terms of the free trial may involve an automatic re-enrollment at the end of the trial unless the Customer opts out of the trial and/or cancels the service during the term of the free trial. In no event shall PLD impose service fees on Customer for ancillary services without providing Customer the opportunity to opt-out of the trial and/or to cancel the ancillary Service during a no-cost trial period.
9. Changes to Rate Plans or Components to Service
PLD may adjust the components comprising a specific plan at any time. PLD reserves the right, from time to time, to enhance or change the terms and modify service plans and features, provided that such changes are consistently applied in a manner and degree to similarly situated customers. This may include changes to address issues caused by customers such as violation of the fair use terms associated with unlimited plans. PLD will use commercially reasonable efforts to provide thirty (30) days advance notice of such proposed changes. PLD also reserves the right to increase pricing when there are government sourced or regulated changes applicable to VoIP providers or increases by the underlying service provider which increase the cost of VoIP services, and to include/exclude certain international calling destinations at any time based on its commercial or legal judgment. All pricing is exclusive of taxes, fees, and other government charges.
10. Notices from PLD
PLD may provide You notice under this Agreement or Contract either by written document via mail, E-mail, voice mail or by publishing the information on the PLD website. Such notice shall be deemed valid upon date of the notice being published or sent to You. You may notify PLD via a written document certified mail. E-mail and facsimile are not considered satisfactory methods of notice.
11. EMERGENCY SERVICE, 911 DIALING and 911 SERVICE LIMITATIONS
11.1 Register, Confirm & Update Your Address
Our customers have access to either basic 911 or Enhanced 911 (E911) service. Our 911 Dialing is not automatic and operates differently than traditional 911. You must register the address where You will use the Services in order to activate 911 Dialing, and You must update that address if You are using Your Service from another physical location from which You might call 911. You can check Your current 911 Address or update it by using Your Account Portal. You must do this for each Service phone number that You obtain. You agree to inform any business invitees, guests and other third persons who may be present at the physical location where You utilize the Service of the non-availability of traditional 911 or E911 dialing from Your PLD’s Service and equipment. PLD provides You with labels to place on your Equipment as a reminder of the limitations of these 911 Services. The physical location where You utilize the Service must be the actual physical street address where the equipment is located, not a P.O box, mail drop or similar address. YOU MUST ENTER THE ADDRESS INFORMATION AT THE TIME YOU ACTIVATE YOUR ACCOUNT LOCATED AT www.https://my.vocalos.com/adminv2/login/99431. YOU ARE RESPONSIBLE FOR KEEPING THIS ADDRESS UP TO DATE. It may take several hours to process changes to Your 911 address. In the interim, PLD will send any 911 calls made using the Service from a phone connected to Your phone to a national emergency response center.
YOU ACKNOWLEDGE 911 AND E911 SERVICE WILL NOT BE AVAILABLE UNLESS ALL SERVICE REQUIREMENTS ARE ACTIVATED, OPERATIONAL AND CONTINUOUS WITHOUT INTERRUPTION FOR THE DURATION OF THE CALL, INCLUDING, BUT NOT LIMITED TO, POWER SUPPLY, AND BROADBAND INTERNET CONNECTION.
11.2 911/E911 Call Routing
PLD offers 911-type dialing service in certain areas within the U.S. (but may not offer such service in certain areas of the U.S. or non-U.S. locations) that differs from traditional 911 services. When You dial 911 Your call is routed from the PLD network to the Public Safety Answering Point (PSAP) or local emergency service personnel designated for the address that You listed at the time of activation. If You make changes to Your 911 address using the PLD online web user interface located at www.https://my.vocalos.com/adminv2/login/99431, Your call may be routed to a different PSAP or local emergency service personnel, who may ask You to provide Your location and other information. Calls to 911 using a PLD-provided mobile or softphone application may use the native dialer of the customer-provided device to complete the call to 911 using the carrier’s cellular network. If the native dialer is unavailable due to lack of service coverage or other condition that would prevent the call from being placed, the PLD-provided mobile or softphone application will attempt to complete the call over an alternative, non-cellular network. 911 calls completed using a PLD-provided mobile or softphone application over a non-cellular network will be routed to a national clearing house.
Calls dialed by handset extensions included in Your account with PLD will be routed from the PLD’s network to the PSAP or local emergency service personnel designated for the address that You listed at the time of activation. In the event that Your equipment is used in multiple locations, or in the event that one or more items of equipment are used in multiple locations, other users designated as administrators on Your account may, at Your option, create additional service locations and associate Your equipment to specific locations for the purposes of routing calls to the local PSAPs for such locations. Individual users may assign and re-assign their current location on an as-needed basis, provided however, that the Super-user, or System Administrator has previously activated that functionality. Updates can be made at www.https://my.vocalos.com/adminv2/login/99431. It is Your sole responsibility to make these changes and to ensure that all business invitees, household residents, guests and other third persons who may be present at the physical location(s) where You utilize the Service are aware of this option.
For any PLD extensions assigned to a non-US 911 location (subject to applicable local law), calls placed to 911 will be routed to a US-based call center that may not be able to offer local emergency assistance to the caller.
In addition, if You use a Wi-Fi handset or our Softphone, and have traveled away from the address You registered with us, if You have not updated that address Your 911 calls will be routed to the emergency center associated with the address We have, which may not be where You are. This will significantly delay You getting the help You are calling for.
You authorize us to disclose Your name and address to third parties involved with providing 911 Dialing to You, including, without limitation, call routers, call centers and local emergency centers.
11.3 Service Outage and 911/E911 Service
You acknowledge and agree that:
a) 911 dialing does not function in the event of a power failure or disruption. If an interruption in the power supply occurs, the Service and 911 dialing will not function until power is restored and You may have to reset or reconfigure equipment prior to utilizing the Service or 911 dialing;
b) Service outages or suspension or termination of service by Your broadband provider and/or ISP or by PLD will prevent ALL Service including 911 dialing;
c) Service outages due to suspension of Your account as a result of billing issues will prevent ALL Service, including 911 dialing;
d) If there is a service outage for ANY reason, such outage will prevent ALL Service, including 911 dialing; and
e) PLD’s liability is limited for any Service outage and/or inability to dial 911 from Your line or to access emergency service personnel.
In addition, network outages or suspensions or disconnections of service by Your broadband provider or Internet Service Provider (“ISP”) will also prevent all Service, including 911 Dialing, from functioning. Service outages due to disconnection of Your account with us for any reason will prevent all Service, including 911 Dialing, from functioning.
Your ISP or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that You alert us to this situation, We will attempt to work with You to resolve the issue. During the period that the ports are being blocked or Your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, Your Service, including the 911 Dialing feature, may not function.
You acknowledge that We are not responsible for any loss or damage as result of the blocking of ports or any other impediment to Your usage of the Service, and any loss of service, including 911 Dialing, which may result. In the event You lose service as a result of blocking of ports or any other impediment to Your usage of the Service, You will continue to be responsible for payment of the Service charges unless and until You disconnect the Service in accordance with this Agreement.
11.4 Re-Activation Required if You Change Your Number or Add or Port New Numbers
911 Dialing will not function if You change Your phone number or if You add or port new phone numbers to Your account, unless and until You successfully register Your address of use for each changed, newly added or newly ported phone number at our portal located at https://my.vocalos.com/adminv2/login/99431.
11.5 Possibility of Network Congestion and/or Reduced Speed for Routing or Answering 911
You acknowledge and agree that:
a) Network congestion and/or reduced speed in the routing of a 911 communication made utilizing Your equipment may be greater than that experienced when using traditional 911 dialing over traditional public telephone networks;
b) 911 dialing from Your equipment will be routed to the general telephone number for the local emergency service provider (which may not be answered outside business hours), and may not be routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls at such local provider’s facilities when such calls are routed using traditional 911 dialing; and
c) The general telephone number for the local emergency service provider may produce a busy signal or may take longer to answer, as compared to those 911 calls routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls using traditional 911 dialing.
If there are problems then the Service will not work as expected or may become unusable, in which case the 911 service will not work. If the Service does not work for any reason whatsoever then the 911 Service will not work.
11.6 Automated Number Identification
Technical limitations may make it impossible for the PSAP and the local emergency personnel to identify Your phone number when You dial 911. The local emergency operators answering the call may not see Your telephone number or Your registered address. The emergency center may not be equipped to receive, capture or retain Your telephone number and registered address, so You must be prepared to give them this information. Until You give the operator Your phone number, he/she may not be able to call You back or dispatch help if the call is dropped or disconnected, or if You are unable to speak. PLD’s system is configured to send the automated number identification information; however, one or more telephone companies that route the traffic to the PSAP, and the PSAP itself, may not be able to receive the information and pass it along. You acknowledge and agree that PSAP and emergency personnel may or may not be able to identify Your phone number in order to call You back if (a) the call is unable to be completed; (b) the call is dropped or disconnected; c) You are unable to speak to tell the dispatcher the location of Your phone number and/or (d) the Service is not operational for any reason.
11.7 Alternate 911 Arrangements
If You are not comfortable with the limitations of our 911 Dialing service, as described herein, You should consider having an alternate means of accessing traditional 911 or E911 services or disconnecting the Service. Alternate means include mobile (cell) phones and traditional telephone landlines. You acknowledge and agree that:
a) PLD does not offer primary line or lifeline services;
b) The Equipment and Services may not support 911 emergency dialing or other emergency functions; and
c) Users of the Services, who may place calls using Your phone services, need to be notified of the 911 limitations, and that you acknowledge receipt of labels stating the same for your Equipment
PLD ADVISES YOU TO MAINTAIN AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 SERVICES SUCH AS TRADITIONAL TELEPHONES AND CELLULAR PHONES. YOU SHOULD ALWAYS HAVE AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 OR E911 SERVICES.
11.8 Disclaimer of Liability and Indemnification Related to 911
We do not have any control over whether, or the manner in which, calls using our 911 Dialing service are answered or addressed by any local emergency response center. We disclaim all responsibility for the loss or damage resulting out of any failure of any type of Service We provide to You, including the inability to make or complete 911 or E911 calls. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 911 calls to local emergency response centers and to our national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result or the information or routing is incorrect. Neither We nor our officers 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 relating to our 911 Dialing service You shall defend, indemnify, and hold harmless us, our 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, attorney’s fees) by, or on behalf of, You or any third party relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel or arising out of, or resulting from:
a) Your failure to correctly activate 911 calling;
b) Your provision to PLD of incorrect information in connection with Your 911 calling or service; or
c) Misrouted 911 or E911 calls.
Customer hereby confirms and acknowledges that the Service will not work without Internet access and electrical power due to such matters as power failure or disruption, internet outage, Service suspension or disconnection, service outage due to ISP or broadband provider blocking ports or other acts. User confirms and acknowledges that Services will not work with standard or traditional phone systems, security alarms, TTY equipment, satellite television systems or medical monitoring system equipment and Customer waives any right to a claim against PLD for interruption or of such systems by the PLD Service.
12. EQUIPMENT, SERVICE AND UNAUTHORIZED USE.
You may be required to purchase telecom equipment in order to utilize the Services. Procuring and maintaining that equipment is Your sole responsibility. PLD may, at Your request, facilitate the provision of Equipment from a third party supplier or resell certain equipment. While We suggest and resell some Equipment brands and facilitate Your purchase of some Equipment as an accommodation, the original Equipment manufacturer, and not PLD, shall be responsible for any Equipment defects, if applicable. PLD will pass through all original Equipment manufacturer warranties for the Equipment to You. PLD shall have no liability to You of any nature regarding such Equipment. Please check the Equipment provider’s website for warranty, return rules and other terms and conditions applicable to such third party Equipment supplier. PLD will not cover replacement for lost, stolen or modified Equipment, or Customer equipment. Customer will not resell or transfer the Service or Equipment to another party without the prior written permission of PLD. Equipment may not be returned to PLD for any reason. ALL EQUIPMENT SALES ARE FINAL. Equipment may be returned provided You comply with the terms of this Agreement. Prior to returning the Equipment, You must contact PLD so that PLD may determine whether a defect exists and whether to issue You a Return Merchandise Authorization (“RMA”) instruction to deliver and return the Equipment. You must ship the Equipment to the manufacturer at the address provided by PLD. You have ten (10) days after receipt of an RMA to deliver the Equipment back at the address We provide. You must pay all shipping fees.
13. INTERNATIONAL USAGE.
We provide the Service and Equipment to You for use of the Service within the United States and Canada, which may include placing calls to other countries. If You take or send the Equipment to a country other than the US or Canada or You use our Service in conjunction with a Softphone application running on a computer outside the US or Canada and the Service is used by You or another party from there, You/they do so at Your/their own risk, including the risk that such activity violates local laws in the country where You/they do so. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to You by us.
14. DISCLAIMER OF WARRANTY & LIMITATION OF LIABILITY.
THE SERVICES ARE PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PLD FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR AS A RESULT OF UNAUTHORIZED ACCESS, ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S EQUIPMENT OR DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUD OR ANY OTHER METHOD REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PLD’S OR ITS VENDOR’S NEGLIGENCE. PLD WILL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE SERVICE, INCLUDING 911 DIALING, AT ANY TIME OR FROM TIME TO TIME OR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY THAT IS CAUSED BY ANY REASON OR FACTOR. YOU ASSUME THE ENTIRE RISK ARISING OUT OF THE USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PLD, ITS SUPPLIERS, DISTRIBUTORS, RESELLERS, OR RETAILERS BE LIABLE (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES EVEN IF PLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PLD RELATED TO THIS AGREEMENT OR THE SERVICES/EQUIPMENT SHALL BE CANCELLATION OF THE SERVICES. ANY CLAIM MUST BE MADE WITHIN 90 DAYS OF THE EVENT OF THE CLAIM OR 90 DAYS FROM THE TERMINATION OF SERVICE, WHICHEVER IS EARLIER AND PLD HAS NO LIABILITY THEREAFTER. PLD’S LIABILITY IS LIMITED TO REPAIR, REPLACEMENT, CREDIT OR REFUND. ALL WARRANTIES COVER ONLY DEFECTS ARISING UNDER NORMAL USE AND DO NOT INCLUDE MALFUCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, MODIFICATION, IMPROPER INSTALLATION OR REPAIRS BY ANYONE OTHER THAN PLD OR ITS APPROVED VENDOR’S. IN THE EVENT A COURT AWARDS DIRECT DAMAGES DESPITE THE FOREGOING, SUCH DAMAGES SHALL NOT EXCEED THE LESSER OF $250.00 OR THE AMOUNT YOU PAID TO PLD WITHIN THE LAST SIX (6) MONTHS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. PLD DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY QUALITY OF SERVICE OR FITNESS FOR A PARTICULAR PUPROSE FOR THE EQUIPMENT PROVIDED BY OR THROUGH PLD ITS SUPPLIERS, DISTRIBUTORS, RESELLERS, OR RETAILERS.
IN NO EVENT WILL PLD, ITS OFFICERS, OWNERS, DIRECTORS EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO PROVIDES SERVICES TO PLD OR TO IT’S CUSTOMERS BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF LIFE, WRONGFUL DEATH, PROPERTY DAMAGE, LOS OF DATA, LOSS OF REVENUE OR PROFITS OR DAMAGES ARISING OUT OF INABLILTY TO ACCESS EMERGENCY SERVICE, INLCUDING 911 DIALING SERVICE OR TO OBTAIN EMERGENCY HELP.
15. DISPUTE RESOLUTION AND MANDATORY ARBITRATION.
PLEASE READ THIS CAREFULLY, IT AFFECTS YOUR RIGHTS.
It is important that You read this entire section carefully. This section provides for mandatory resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court, by a judge or jury, or before a regulatory agency. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class action lawsuits are not permitted.
PLD and You agree to arbitrate any and all disputes and claims between You and PLD. Arbitration means that all disputes and claims will be resolved by a neutral arbitrator instead of by a judge or jury in a court, or by any regulatory agency with jurisdiction over any disputes or claims between You and PLD. You agree that by entering into this Agreement, You and PLD are waiving the right to jury trial. This agreement to arbitrate is intended to be given the broadest possible meaning under the law. It includes, but is not limited to:
Before a Customer institutes any legal proceeding which shall only be arbitration, Customer hereby agrees to provide PLD with an opportunity to resolve the dispute or claim prior to arbitration by sending a written description of the dispute or claim via certified mail to PLD to Preferred Long Distance, Inc. Customer Service, 16830 Ventura Blvd. Suite 350, Encino, CA 91436. If PLD is not able to resolve the claim with thirty (30) calendar days from receiving the notice, then Customer or PLD may initiate arbitration as described in this Agreement.
All disputes or claims between Customer, any member of Customer’s household or any guests, employees or agents of Customer arising out or relating to the Service or Equipment will be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitrations Rules. The arbitration will take place in Los Angeles County, California. The arbitrator’s decision will be the plain meaning of the relevant documents, including this Agreement and/or Contract, and will be final and binding. Without limiting the forgoing, the parties agree that no arbitrator has the authority to (i) award relief in excess of what this Agreement provides or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually. Customer shall not bring, or join any class action of any kind in court or in arbitration. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL. Each party will bear their own attorneys’ fees, expenses and arbitrator fees and costs, respectively.
15.2 Exceptions to Arbitration Agreement
You and We agree:
If You fail to timely pay amounts due, We may assign Your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement; PLD may take any disputes over the validity of any party’s intellectual property rights to a court of competent jurisdiction; any dispute related to or arising from allegations associated with fraudulent or unauthorized use, theft, or piracy of service may be brought directly to PLD only and not to any other court; and PLD may seek any interim or preliminary relief from a court of competent jurisdiction, necessary to protect the rights or property of PLD or its vendors, in lieu of seeking or pending the completion of arbitration.
16. CONSENT TO USE OF ELECTRONIC SIGNATURES AND RECORDS.
As a convenience and courtesy to You, PLD may provide access to its Services online which may require You to enter into agreements or receive notices electronically. Accordingly, You acknowledge and agree that by clicking “I Agree” or “I Accept” anywhere on a PLD website that:
You agree that any personally identifiable information that You provide may be used by PLD.
17. ENTIRE AGREEMENT.
This Agreement shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any Contract or other written instrument submitted by You. The acceptance of any Contract is expressly made conditional on Your consent to the terms set forth herein. The terms and conditions contained in this Agreement and any Contract may not be modified by You except in a writing duly signed by You and an authorized representative of PLD. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. PLD is not liable for editorial, pictorial, or typographical errors in this communication. This Agreement is binding upon the heirs, successors and assigns of PLD and Customer. Any change of ownership to the Customer’s account is only effective if the new responsible party and the current responsible party mutually execute PLD’s required documents to effectuate the change of responsibility. Until the document is mutually executed to PLD’s satisfaction, the initial owner shall remain the responsible party. The terms and conditions herein may be changed from time to time by PLD who will use reasonable efforts to provide notice to the Customer. IF YOU ARE AGREEING ON BEHALF OF A COMPANY, YOU REPRESENT YOU ARE AN AUTHORIZED AGENT TO ACT ON BEHALF OF THE COMPANY BY THE ACCOUNT HOLDER TO BIND THE COMPANY UNDER THIS AGREEMENT.
18. NO WAIVER OFRIGHTS.
Failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
19. FORCE MAJEURE (EVENTS BEYOND OUR CONTROL).
PLD shall not be liable for any delay in performance directly or indirectly caused by or resulting from events beyond PLD’s control and/or acts of God including but not limited to fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties of PLD even though PLD gave its best efforts.
20. GOVERNING LAW.
The Agreement is governed by the law of the state of California without regard to its conflict of law provisions. Customer agrees that regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to use of Service or the Agreement must be filed within ninety (90) days after such claim or cause of action arose or be forever barred.
21. BREACH OR NON-PAYMENT.
In the event Customer breaches the terms of this Agreement, including but not limited to the failure to pay any sum due hereunder, Customer will reimburse PLD for all collection and other costs incurred by PLD in the enforcement of PLD’s rights hereunder and PLD may keep any payments made by Customer.
Any provision of this Agreement that imposes or contemplates continuing obligations on either Customer or PLD will survive the expiration or termination of this Agreement or Contract.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, You shall not assign, delegate, or transfer any of Your rights or obligations hereunder without the prior written consent of PLD.
24. No Third Party Beneficiaries.
This Agreement is for the benefit of the parties hereto and is not intended to confer any rights or benefits on any third party. There are no third party beneficiaries as to this Agreement or any part or specific provision of this Agreement.