This agreement
("Agreement") is between ClickTel inc. ("we,"
"us" or "ClickTel") and the user ("you”,
"user" or "Customer") of ClickTel services and any
related products or services ("Service"). This Agreement governs
both the Service and any devices, such as an IP phone, Multimedia Terminal
Adapter, Analog Telephone Adapter, Cisco ATA - 186 or any other IP
connection device ("Device"), used in conjunction with the
Service. By activating the Service, you acknowledge that you have read and
understood, and you agree, to the terms and conditions of this Agreement,
and you represent that you are of legal age to enter this Agreement and
become bound by its terms.
1. SERVICE
1.1 Term
Service is offered on a monthly basis for a term which begins on the date
that ClickTel activates your Service and ends on the day before the same
date in the following month. Subsequent terms of this Agreement
automatically renew on a monthly basis without further action by you
unless you give ClickTel written notice of non-renewal at least ten [10]
days before the end of the monthly term in which the notice is given. You
are purchasing the Service for full monthly terms, meaning that if you
attempt to terminate Service prior to the end of a monthly term, you will
be responsible for the full month's charges to the end of the then-current
term, including without limitation unbilled charges, plus a disconnect fee,
all of which immediately become due and payable. Expiration of the term or
termination of Service does not excuse the Customer from paying all unpaid,
accrued charges due in relation to the Agreement.
1.2 Small Business Use of Service and Device – Prohibition on Resale
The Service and Device are provided to you as a small business user. This
means that you are not to resell or transfer the service or device to any
other person for any purpose, without express written permission from
ClickTel in advance. You agree that the ClickTel plans do not confer the
right to use the service for continuous auto-dialing, telemarketing, fax
broadcasting or fax blasting and that such activities will obligate you to
upgrade to ClickTel Plan C or face termination of service at the sole
discretion of ClickTel. ClickTel reserves the right to immediately
terminate or modify the Service, if ClickTel determines, in its sole
discretion, that Customer’s Service is being used for any of the
aforementioned activities.
1.3 Lawful Use of Service and Device
1.3.1 Prohibited Uses:
You agree to use the Service and Device only for lawful purposes. This
means that you agree not to use them for transmitting or receiving any
illegal, harmful, threatening, abusive, harassing, defamatory, obscene,
sexually explicit, profane, racially or ethnically disparaging remarks or
otherwise objectionable material of any kind, including but not limited to
any material that encourages conduct that would constitute a criminal
offense, give rise to a civil liability, or otherwise violate any
applicable local, state, national or international law. ClickTel reserves
the right to terminate your service immediately and without advance notice
if ClickTel, in its sole discretion, believes that you have violated the
above restrictions, leaving you responsible for the full month's charges
to the end of the current term, including without limitation unbilled
charges, plus a disconnect fee, all of which immediately become due and
payable. You are liable for any and all use of the Service and/or Device
by any person making use of the Service or Device provided to you. If
ClickTel, in its sole discretion believes that you have violated the above
restrictions, ClickTel may forward the objectionable material, as well as
your communications with ClickTel and your personally identifiable
information to the appropriate authorities for investigation and
prosecution.
1.3.2 Use of Service and Device by Customers Outside the United States:
While we encourage use of the Service for calls from the United States to
other countries, If you remove the Device to a country other than the
United States and use the Service from there, you do so at your own risk,
including the risk that such activity violates local laws in the country
where you do so. ClickTel reserves the right to terminate your service
immediately and without advance notice if ClickTel, in its sole discretion,
believes that you have violated the above restrictions or if you use or
attempt to use the Service from any country other than the United States,
leaving you responsible for the full month's charges to the end of the
current term, including without limitation unbilled charges, plus a
disconnect fee, all of which immediately become due and payable. You are
liable for any and all use of the Service and/or Device by any person
making use of the Service or Device provided to you.
1.4 Loss of Service Due to Power Failure
You acknowledge and understand that the Service does not function in the
event of power failure. Should there be an interruption in the power
supply, the Service will not function until power is restored. A power
failure or disruption may require the Customer to reset or reconfigure
equipment prior to utilizing the Service. Power disruptions or failures
will also prevent dialing to emergency service numbers including 911.
1.5 Copyright / Trademark / Unauthorized Usage of Device, Firmware or
Software
The Service and Device and any firmware or software used to provide the
Service or provided to Customer in conjunction with providing the Service,
or embedded in the Device, and all Services, information, documents and
materials on ClickTel’s website(s) are protected by trademark, copyright
or other intellectual property laws and international treaty provisions.
All websites, corporate names, service marks, trademarks, trade names,
logos and domain names (collectively "marks") of ClickTel are
and shall remain the exclusive property of ClickTel 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 the firmware or
software used to provide the Service or provided to Customer in
conjunction with providing the Service, or embedded in the Device, other
than a nontransferable, revocable license to use such firmware or software
(without making any modification thereto) strictly in accordance with the
terms and conditions of this Agreement, and that the Device is exclusively
for use in connection with the Service. If you decide to use the Service
through an interface device not provided by ClickTel, which ClickTel
reserves the right to prohibit in particular cases or generally, you
warrant and represent that you possess all required rights, including
software and/or firmware licenses, to use that interface device with the
Service and you will indemnify and hold harmless ClickTel against any and
all liability arising out of your use of such interface device with the
Service.
1.6 Tampering with the Device
You agree not to change the electronic serial number or equipment
identifier of the Device, or to perform a factory reset of the Device,
without express permission from ClickTel in each instance. ClickTel
reserves the right to terminate your Service should you tamper with the
Device, leaving you responsible for the full month's charges to the end of
the current term, including without limitation unbilled charges, plus a
disconnect fee, all of which immediately become due and payable.
1.7 Theft of Service
You agree to notify ClickTel immediately, in writing or by calling the
ClickTel customer support line, if the Device is stolen or if you become
aware at any time that your Service is being stolen or fraudulently used.
When you call or write, you must provide your account number and a
detailed description of the circumstances of the Device theft or
fraudulent use of Service. Failure to do so in a timely manner may result
in the termination of your Service and additional charges to you. You will
be liable for all use of the Service using a Device stolen from you and
any and all stolen Service or fraudulent use of the Service.
1.8 Return of Device
The Device may be returned to ClickTel within fourteen (14) days of the
line termination to receive a credit for the $79.99 disconnect fee (refer
to section 4.6 of this document regarding disconnect fees), provided:(i)
Customer retained proof of purchase and original packaging and (ii)
contents are undamaged and in original condition and (iii) and all
documentation and packaging materials are returned. If Customer receives
cartons and/or Devices that are visibly damaged, please note the damage on
the carrier's freight bill or receipt and keep a copy. Keep the original
carton, all packing materials and parts intact and contact ClickTel's
customer care department immediately. Warranty coverage varies depending
on the type of Device that Customer chooses. Please refer to the ClickTel
warranty materials included in the packaging of your Device(s).
1.9 Number Transfer on Service Termination
ClickTel may, at the Company’s discretion, release the telephone number
used in connection with your Service provisioned by ClickTel to your new
service provider, if they are able to accept it, upon your termination of
the Service. ClickTel will do so provided (i) your account has been
terminated and (ii) your ClickTel account is completely current including
payment for all charges and disconnect fees and (iii) you request the
transfer upon terminating your account.
2. EMERGENCY SERVICES- 911 DIALING
2.1 Non-Availability of Traditional 911 or E911 Dialing Service:
You acknowledge and understand that the Service does NOT support
traditional 911 or E911 access to emergency services. The Company does
offer a limited 911-type service as described herein, but you acknowledge
and understand that 911-type dialing is NOT automatic -- you must
separately activate such 911-type dialing capabilities and that such
911-type dialing is different in a number of important ways from
traditional 911 service, as described herein. You agree to inform any
household residents, guests and other third persons who may be present at
the physical location where you utilize the Service as to the
non-availability of traditional 911 or E911 dialing from your ClickTel
Service and Device(s). If you activate ClickTel 911-type dialing service,
you agree to inform any household residents, guests and other third
persons who may be present at the physical location where you utilize the
Service as to the important differences and limitations of ClickTel 911
dialing service as compared with traditional 911 or E911 dialing, as set
forth in this Agreement.
2.2 Description of 911-Type Dialing Capabilities - Activation Required
The Company does offer a 911-type dialing service that is different in a
number of important ways from traditional 911 service. You acknowledge and
understand that 911-type dialing is NOT automatic. You must successfully
activate the 911 dialing feature by following the instructions from the
“Dial 911” link on your dashboard. You acknowledge and understand that
you cannot dial 911 from this line unless and until you have received a
confirming email. Once you have received a confirming email that 911
dialing has been successfully activated, you may dial 911 as needed. When
you dial 911, your call is routed from the ClickTel 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. You
acknowledge and understand that when you dial 911 from your ClickTel
equipment you will be routed to the general telephone number for the PSAP
or local emergency service provider, and may not be routed to the 911
dispatcher(s) who are specifically designated to receive incoming 911
calls using traditional 911 dialing. As described herein, this 911-type
dialing currently is NOT the same as traditional 911 or E911 dialing, and
at this time, does not necessarily include all of the capabilities of
traditional 911 dialing.
2.3 Service Outage:
2.3.1 Power Outage
You acknowledge and understand that 911 dialing does not function in the
event of a power failure. Should there be an interruption in the power
supply, the Service and 911 dialing will not function until power is
restored. A power failure or disruption may require the Customer to reset
or reconfigure equipment prior to utilizing the Service or 911 dialing.
2.3.2 Broadband Service Outage
You acknowledge and understand that service outages by your broadband
provider will prevent ALL calls, including 911 dialing.
2.3.3 Service Outage Due to Suspension of Your Account
You acknowledge and understand that service outages due to suspension of
your account as a result of billing issues will prevent ALL calls,
including 911dialing.
2.3.4 Other Service Outages
You acknowledge and understand that if there is a service outage for ANY
reason, such outage will prevent ALL calls, including 911 dialing. Such
outages may occur for a variety of reasons, including, but not limited to
those reasons described elsewhere in this Agreement.
2.3.5 Limitation of Liability and Indemnification
You acknowledge and understand that the Company's liability is limited for
any Service outage and/or inability to dial 911 from your line or to
access emergency service personnel, as set forth in this document. You
agree to defend, indemnify, and hold harmless ClickTel, its officers,
directors, employees, affiliates and agents and any other service provider
who furnishes services to Customer in connection with this Agreement or
the Service, from any and all claims, losses, damages, fines, penalties,
costs and expenses (including, without limitation, reasonable attorneys
fees) by, or on behalf of, Customer or any third party or user of Customer’s
Service relating to the absence, failure or outage of the Service,
including 911 dialing and/or inability of Customer or any third person or
party or user of Customer’s Service to be able to dial 911 or to access
emergency service personnel.
2.4 Requires Activation:
You acknowledge and understand that 911 dialing does not function unless
you have successfully activated the 911dialing feature by following the
instructions from the “Dial 911” link on your dashboard, and until
such later date that such activation has been confirmed to you through a
confirming email. You acknowledge and understand that you cannot dial 911
from this line unless and until you have received a confirming email.
2.5 Failure to Designate the Correct Physical Address When Activating 911
Dialing:
Failure to provide the current and correct physical address and location
of your ClickTel equipment will result in any 911 call you may make being
routed to the incorrect local emergency service provider.
2.6 Requires Re-Activation if You Change Your Number:
You acknowledge and understand that 911 dialing does not function if you
change your phone number unless and until you have successfully activated
the 911 dialing feature following the instructions from the “Dial 911”
link on your dashboard, and until such later date that such activation has
been confirmed to you through a confirming email. 911 dialing must be re-activated.
Although you may have activated 911 dialing with your former ClickTel
phone number, you must separately activate 911 dialing for any new number.
2.7 Change of Physical Location of ClickTel Equipment:
You acknowledge and understand that 911dialing does not function properly
or may not function at all if you take your equipment with you away from
the address or physical location that you have designated.
2.8 Requires Re-Activation if You Move:
You acknowledge and understand that 911 dialing does not function properly
or at all if you move or change the physical location of your ClickTel
equipment to a different street address, unless and until you have
successfully activated the 911 dialing feature following the instructions
from the “Dial 911” link on your dashboard, and until such later date
that such activation has been confirmed to you through a confirming email.
911dialing must be re-activated although you may have activated 911
dialing using your former address, and you must separately activate 911
dialing for any new physical address. Failure to provide the current and
correct physical address and location of your ClickTel equipment will
result in any 911 dialing you may make being routed to the incorrect local
emergency service provider
2.9 Possibility of Network Congestion and/or Reduced Speed for Routing 911
Calls:
Due to the manner in which it is technically possible to provide the 911
dialing feature for ClickTel Digital Voice calls at this time, you
acknowledge and understand that there is a greater possibility of network
congestion and/or reduced speed in the routing of a 911 call made
utilizing your ClickTel equipment as compared to traditional 911 dialing
over traditional public telephone networks. You acknowledge and understand
that 911 dialing calls from your ClickTel equipment will be routed to the
general telephone number for the local emergency service provider, and
will 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. You
acknowledge and understand that there may be a greater possibility that
the general telephone number for the local emergency service provider will
produce a busy signal or will 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.
2.10 Automated Number Identification:
At this time in the technical development of ClickTel 911 dialing, it may
or may not be possible for the Public Safety Answering Point (PSAP) and
the local emergency personnel to identify your phone number when you dial
911. ClickTel’s system is configured in most instances to send the
automated number identification information along with the call; however,
the phone system that transmits the call to the PSAP and the PSAP itself
must be able to receive the information and pass it along properly, and
they are not yet always technically capable of doing so. You acknowledge
and understand that PSAP and emergency personnel may or may not be able to
identify your phone number in order to call you back if the call is unable
to be completed, is dropped or disconnected, or if you are unable to speak
to tell them your phone number and/or if the Service is not operational
for any reason, including without limitation those listed elsewhere in
this Agreement.
2.11 Automated Location Identification:
At this time in the technical development of ClickTel 911 Dialing, it is
not possible to transmit identification of the address that you have
listed to the Public Safety Answering Point (PSAP) and local emergency
personnel for your area when you dial 911. You acknowledge and understand
that you will need to state the nature of your emergency promptly and
clearly, including your location, as PSAP personnel will NOT have this
information. You acknowledge and understand that PSAP and emergency
personnel will not be able to find your location if the call is unable to
be completed, is dropped or disconnected, if you are unable to speak to
tell them your location and/or if the Service is not operational for any
reason, including without limitation those listed elsewhere in this
Agreement.
3. CHANGES TO THIS AGREEMENT
ClickTel may change the terms and conditions of this Agreement from time
to time. Notices will be considered given and effective on the date posted.
Agreement posted supercedes all previously agreed to electronic and
written Terms of Service.
4.1 Billing
You must give us a valid credit card number when the Service is activated.
If the card expires, you close your account or your billing address
changes, or the card is cancelled and replaced owing to loss or theft, you
must advise ClickTel at once. We will bill all charges monthly to your
credit card, including but not limited to: activation fees, monthly
Service fees, international usage charges, advanced feature charges,
equipment purchases and shipping and handling charges. ClickTel reserves
the right to bill at more frequent intervals if the amount due at any time
exceeds $50.
4.2 Billing Disputes
You must notify ClickTel in writing within 7 days after receiving your
credit card statement if you dispute any ClickTel charges on that
statement or such dispute will be deemed waived. Billing disputes should
be notified to the following address:
Customer Billing Department
ClickTel inc
or
billing@clicktel.com
4.3 Payment
ClickTel only accepts payments by credit card or cash. Your initial use of
the Service authorizes ClickTel to charge the credit card account number
on file with ClickTel, including any changed information given ClickTel if
the card expires or is replaced, for ClickTel charges that accrue during
the billing cycle. This authorization will remain valid until 30 days
after ClickTel receives your written notice terminating ClickTel's
authority to charge your credit card. ClickTel may terminate your Service
at any time in its sole discretion, if any charge to your credit card on
file with ClickTel is declined or reversed or in case of any other
non-payment of account charges. Termination of Service for declined card,
reversed charges or non-payment leaves you FULLY LIABLE to ClickTel for
ALL CHARGES ACCRUED BEFORE TERMINATION and for charges incurred by
ClickTel owing to your non-payment, such as (but not limited to)
collection costs and attorney's fees.
4.4 Termination/Discontinuance of Service
ClickTel reserves the right to suspend or discontinue providing the
Service generally, or to terminate your Service, at any time in its sole
discretion. If ClickTel discontinues providing the Service generally, or
terminates your Service in its discretion without a stated reason, you
will only be responsible for charges accrued through the date of
termination, including a pro-rated portion of the final month's charges.
If your Service is terminated for any stated reason, including without
limitation violation of this Agreement, or because of any improper use of
the Service or Device (such as, but not limited to, your attempts to hack,
disrupt, or misuse the Service), you will be responsible for the full
month's charges to the end of the current term, including without
limitation unbilled charges, plus a disconnect fee, all of which
immediately become due and payable.
4.5 Taxes
Customer is responsible for, and shall pay any applicable federal, state,
municipal, local or other governmental sales, use, excise, value-added,
personal property, public utility or other taxes, fees or charges now in
force or enacted in the future, that arise from or as a result of Customer’s
subscription or use or payment for the Service or a Device. Such amounts
are in addition to payment for the Service or Devices and will be billed
to your account. If Customer is exempt from payment of such taxes, it will
provide ClickTel with an original government-issued certificate attesting
to tax-exempt status. Tax exemption will only apply from and after the
date ClickTel receives the Tax Exempt Document.
4.6 Disconnect Fee
You will be charged a disconnect fee of $79.99 per voice line upon any
termination of your Service. The disconnect fee becomes due and payable
immediately upon termination and will billed directly to your credit card.
If you have multiple lines, you will be charged a disconnect fee of $79.99
per line for each voice line you disconnect. To receive a credit for the
disconnect fee, you may return your Device within fourteen (14) days of
termination, provided: (i) Customer retained proof of purchase and
original packaging, (ii) contents are undamaged and in original condition
and (iii) all documentation and packaging materials are returned. In the
event you disconnect multiple lines, ClickTel will issue you a credit for
all disconnect fees upon receipt of all Devices (Multimedia Terminal
Adapters, etc.) within 14 days of termination.
4.7 Money Back Guarantee
ClickTel offers a 14-day money back guarantee, applicable to one primary
line per account, not additional or secondary lines. Under terms of the
money back guarantee, ClickTel refunds the reserve payment and waives the
disconnect fee. ClickTel reserves the right to terminate or revoke the
Money-Back Guarantee at any time, without prior notice.
User must cancel service within 14 days of the account activation.
Equipment must be returned within 14 days. Usage must not exceed 250
minutes within the first 14 days of service. User is responsible for any
charges for overage, international or directory assistance calls. Accounts
exceeding 250 minutes of usage are not eligible for refund.
All returned equipment must be in the original packaging with the UPC or
bar code intact. All components, manuals and registration card(s) must be
included. Equipment must be returned with a valid return authorization
number obtained from ClickTel Customer Care. User is responsible for
return shipping of equipment. The money back guarantee will not be honored
if user fails to meet all above requirements.
To obtain a return authorization number, user must contact billing@ClickTel.com
.
5. WARRANTY and LIABILITY LIMITATIONS / INDEMNIFICATION
5.1 Limitation of Liability
ClickTel shall not be liable for any delay or failure to provide the
Service, including 911 dialing, at any time or from time to time, or any
interruption or degradation of voice quality that is caused by any of the
following:
1.) act or omission of an underlying carrier, service provider, vendor or
other third party;
2.) equipment, network or facility failure;
3.) equipment, network or facility upgrade or modification;
4.) force majeure events such as (but not limited to) acts of god; strikes;
fire; war; riot; government actions;
5.) equipment, network or facility shortage;
6.) equipment or facility relocation;
7.) service, equipment, network or facility failure caused by the loss of
power to Customer; or
8.) any other cause that is beyond ClickTel's control, including without
limitation the failure of an incoming or outgoing call to be connected or
completed, including 911 dialing, or degradation of voice quality.
ClickTel's liability for any failure or mistake shall in no event exceed
Service charges with respect to the affected time period.
5.2 No Consequential Damages
In no event shall ClickTel, its officers, directors, employees, affiliates
or agents or any other service provider who furnishes services to Customer
in connection with this Agreement or the Service be liable for any
incidental, indirect, special, punitive, exemplary or consequential
damages, or for any damages, including but not limited to loss of data,
loss of revenue or profits, or arising out of or in connection with the
use or inability to use the Service, including inability to be able to
dial 911 or to access emergency service personnel through the Service. The
limitations set forth herein apply to claims founded in breach of contract,
breach of warranty, products liability, tort and any and all other
theories of liability and apply whether or not ClickTel was informed of
the likelihood of any particular type of damages.
5.3 Indemnification
Customer agrees to defend, indemnify, and hold harmless ClickTel, its
officers, directors, employees, affiliates and agents and any other
service provider who furnishes services to Customer in connection with
this Agreement or the Service, from any and all claims, losses, damages,
fines, penalties, costs and expenses (including, without limitation,
reasonable attorneys fees) by, or on behalf of, Customer or any third
party or user of Customer’s Service, relating to this Agreement, the
Services, including 911dialing, or the Device. This paragraph shall
survive termination of this Agreement.
5.4 No Warranties on Service
ClickTel makes no warranties, express or implied, including but not
limited to, any implied warranties of merchantability or fitness of the
Service or the Device for a particular purpose. ClickTel does not warrant
that the Service will be without Service failure, delay, interruption,
error, degradation of voice quality or loss of content, data or
information. Neither ClickTel nor its officers, directors, employees,
affiliates or agents or any other service provider or vendor who furnishes
services or products to Customer in connection with this Agreement or the
Service will be liable for unauthorized access to ClickTel's or Customer's
transmission facilities or premises equipment or for unauthorized access
to, or alteration, theft or destruction of, Customer's data files,
programs, procedures or information through accident, fraudulent means or
devices or any other method, regardless of whether such damage occurs as a
result of ClickTel's or its service provider’s or vendors' negligence.
Statements and descriptions concerning the Service or Device, if any, by
ClickTel or ClickTel's agents or installers are informational and are not
given as a warranty of any kind.
5.5 No Warranties, or Limited Warranties, for Devices
If Customer purchased the Device new from ClickTel and the Device included
a limited warranty at the time of purchase, Customer must refer to the
separate limited warranty document for information on the limitation and
disclaimer of certain warranties. If Customer's Device did not include a
limited warranty from ClickTel at the time of purchase, Customer agrees
that it accepts its Device "as is" and that Customer is not
entitled to replacement or refund in the event of any defect.
5.6 No Third Party Beneficiaries
No provision of this Agreement provides any person or entity not a party
to this Agreement with any remedy, claim, liability, reimbursement, or
cause of action or creates any other third party beneficiary rights.
5.7 Content
You are liable for any and all liability that may arise out of the content
transmitted by or to you or Users using the Services. You shall assure
that your or User’s use of the Services and content will at all times
comply with all applicable laws, regulations and written and electronic
instructions for use. ClickTel reserves the right to terminate or suspend
affected Services, and/or remove Your or Users' content from the Services,
if ClickTel determines that such use or content doer not conform with the
requirements set forth in this Agreement or interferes with ClickTel's
ability to provide Services to you or others or receives notice from
anyone that Your or Users' use or Content may violate any laws or
regulations. ClickTel's actions or inaction under this Section shall not
constitute review or approval of Your or Users' use or Content. You will
indemnify and hold ClickTel against any and all liability arising from the
content transmitted by or to you or to Users using the Services. A
"User" means any person, whether authorized or unauthorized,
using the Service and/or Device provided to you.
6. GOVERNING LAW / RESOLUTION OF DISPUTES
6.1 Mandatory Arbitration
Any dispute or claim between Customer and ClickTel arising out of or
relating to the Service or Device provided in connection with this
Agreement shall be resolved by arbitration before a single arbitrator
administered by the American Arbitration Association in accordance with
its Commercial Arbitration Rules. The arbitrator's decision shall follow
the plain meaning of the relevant documents, and shall be final and
binding. Without limiting the foregoing, 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 arbitrators may be entered in any court
having jurisdiction thereof. All claims shall be arbitrated individually
and Customer will not bring, or join a punitive or certified class action
to arbitration or seek to consolidate or bring previously consolidated
claims in arbitration. Customer acknowledges that this arbitration
provision constitutes a waiver of any right to a jury trial.
6.2 Governing Law
The Agreement and the relationship between you and ClickTel shall be
governed by the laws of the State of Florida without regard to its
conflict of law provisions. You and ClickTel agree to submit to the
personal and exclusive jurisdiction of the courts located within the state
of Florida. The failure of ClickTel to exercise or enforce any right or
provision of the Agreement shall not constitute a waiver of such right or
provision. If any provision of the Agreement is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the Agreement
remain in full force and effect. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of or
related to use of the Service or the Agreement must be filed within one
(1) year after such claim or cause of action arose or be forever barred.
6.3 Entire Agreement
This Agreement and the rates for Services found on ClickTel's website
constitute the entire agreement between you and ClickTel and govern your
use of the Service, superseding any prior agreements between you and
ClickTel and any and all prior or contemporaneous statements,
understandings, writings, commitments, or representations concerning its
subject matter. No amendment to this Agreement shall be binding upon
ClickTel unless and until posted in accordance with Section 3 hereof.
6.4 Severability
If any part of this Agreement is legally declared invalid or
unenforceable, all other parts of this Agreement are still valid and
enforceable. Such invalidity or non-enforceability will not invalidate or
render unenforceable any other portion of this Agreement.
7. PRIVACY
ClickTel Service utilizes, in whole or in part, the public Internet and
third party networks to transmit voice and other communications. ClickTel
is not liable for any lack of privacy which may be experienced with regard
to the Service. Please refer to our Privacy Policy at www.ClickTel.com for
additional information.
8. NOTICES
Notices to Customer shall either (i) be made by posting to the
"Service Announcements" section of our Web Site, and/or (ii) be
sent to the email address on file for Customer at ClickTel. You are
responsible for notifying us of any changes in your email address by
e-mailing us at customercare@ClickTel.com, and we may continue to use your
previous e-mail address unless and until we have received your notice of
address change. Notices will be considered given on the date posted or
sent by ClickTel.
