SERVICE COMMITMENT / EARLY TERMINATION FEE
Your Service Commitment begins on the day we activate your service. If we terminate your service for nonpayment or other default before the end of the service commitment, or if you terminate your service for any reason other than (a) in accordance with the cancellation policy; or (b) pursuant to a change of terms, conditions or rates as set forth below, you agree to pay us with respect to each device and/or telephone number assigned to you, in addition to all other amounts owed, an early termination fee in the amount of $50.00. The early termination fee is not a penalty, but rather a charge to compensate us for your failure to satisfy the service commitment on which your plan is based. This agreement shall automatically renew on a month-to-month basis until either party gives notice to the termination procedure listed below.
CANCELLATION PERIOD / TERMINATION
You may terminate this agreement within thirty (30) days after activating service without paying an early termination fee. You will pay for service fees and charges incurred through the termination date, but Cutting Edge Systems, Inc will refund your activation fee, if any, if you terminate within three (3) days of activating the service. If you terminate after the 30th day but before expiration of the agreement’s service commitment, you will pay Cutting Edge Systems, Inc an early termination fee for each telephone number associated with the service. Either party may terminate this Agreement at any time after your service commitment ends with thirty (30) days notice to the other party. We may interrupt or terminate your service without notice for any conduct that we believe violates this agreement or any terms and conditions of your plan, if you behave in an abusive, derogatory, or similarly unreasonable manner with any of our representatives, if we discover that you are underage, if you fail to make all required payments when due, if we have reasonable cause to believe that your device is being used for an unlawful purpose or in a way that may adversely affect our service.
CHARGES AND DISPUTES
You are responsible for paying all charges for or resulting from services provided under this agreement. You will receive monthly bills that are due in full as shown thereon. You must, within 30 days of the date of the bill, notify us in writing at Cutting Edge Systems, Inc, Bill Dispute, 4912 W Marshall Street, Suite D, Richmond, VA. 23230 (“Cutting Edge Systems, Inc’s address”) of any dispute you have with respect to the bill, including any charges and any service we provided or you will have waived your right to dispute this bill or services and to bring, or participate in any legal action raising any such dispute. Charges include, without limitation, talk time, long distance, recurring monthly service, activation, administrative, and late payment charges; governmental and regulatory cost recovery and other surcharges; optional feature charges; toll, collect call and directory assistance charges; reactivation and porting charges; any other charges or calls billed to your phone number; and applicable taxes if any, whether assessed directly upon you or upon Cutting Edge Systems, Inc. To determine your primary place of use (“PPU”) and which jurisdiction’s taxes and assessments to collect, you are required to provide us with your residential or business street address. If you do not provide us with such address, or if it falls outside our licensed service area, we may reasonably designate a PPU within the licensed service area for you. You must live and have a mailing address within Cutting Edge Systems, Inc’s network coverage area.
PURCHASES AND AUTHORITY TO USE
Your Cutting Edge Systems, Inc phone system and service can be used to purchase goods and services including ring tones, graphics, phone applications or news alerts (including subscription plans) from Cutting Edge Systems, Inc (“Goods, Content, and Services”). Goods, Content, and Services may be purchased directly with any phone assigned to your account or on-line. Charges for Goods, Content, and Services will appear on your bill. You have full-time access to your Goods, Content, and Services transaction history on our website. You are responsible for all phones and other “devices” provided by Cutting Edge Systems, Inc. except as otherwise provided in this agreement, if such a device is used by others to purchase Goods, Content, and Services, you are responsible for all such purchases and all associated charges. You are giving those other users your authority 1) to order Goods, Content, and Services from those devices, including subscription services, and to incur charges for those Goods, Content, and Services that will appear on your bill; 2) to give consent required for those Goods, Content, and Services, including the consent to use that user’s location information to deliver customized information to that user’s device, or to make any representation required for those Goods, Content and Service including a representation of the user’s age, if requested.
Cutting Edge Systems, Inc 411 INFO
UNAUTHORIZED CHARGES TO YOUR PHONE (California Only)
You are not liable for charges you did not authorize, but the fact that a call was placed from your phone is evidence that the call was authorized. You may submit documents, statements and other information to show any charges were not authorized. If you notify us of any charges on your bill you claim are unauthorized, we will investigate to the full extent of the law. We will advise you of the result of our investigation within 30 days. If you do not agree with the outcome, you may file a complaint with the California Public Utilities Commission and you may have other legal rights. While an investigation is underway, you do not have to pay any charges you dispute or associated late charges, and we will not send the disputed amount to collection or file an adverse credit report about it.
UNLIMITED VOICE SERVICES
Unlimited voice services are provided solely for live dialog between two individuals. Unlimited voice services may not be used for conference calling, call forwarding, auto attendants, recorded information lines, monitoring services, data transmissions, transmission of broadcasts, transmission of any recorded material, or other connections which do not consist of uninterrupted live dialog between two individuals. If Cutting Edge Systems, Inc finds that you are using an unlimited voice service offering for other than live dialog between two individuals, Cutting Edge Systems, Inc may, at its option terminate your service or change your plan to one with no unlimited usage components. Cutting Edge Systems, Inc will provide notice that it intends to take any of the above actions, and you may terminate the agreement with your early termination options.
BILLING AND PAYMENT
Usage and monthly fees will be billed as specified in your plan. Except as provided below, monthly service and certain other charges are billed one month in advance, and there is no pro-ration of such charges if service is terminated on other than the last day of your billing cycle. Monthly service and certain other charges are billed in arrears if you are a former customer of Cutting Edge Systems, Inc and maintain uninterrupted service on select Cutting Edge Systems, Inc plans. You agree to pay for incoming and outgoing calls, and data services sent to and from your device(s). Talk time and other measured usage (“CHARGEABLE TIME”) is billed in full-minute increments, and actual talk time and usage are rounded up to the next full-minute increment at the end of each call for billing purposes Cutting Edge Systems, Inc charges a full minute of talk time usage for every fraction of the last minute of talk time used on each call. Data transport is calculated in full-kilobyte increments, and actual transport is rounded up to the next full-kilobyte increment at the end of each data session for billing purposes. Cutting Edge Systems, Inc calculates a full kilobyte of data transport for every fraction of the last kilobyte of data transport used on each data session. Network overhead, software updates, and resend requests caused by network errors can increase measured kilobytes. If you select a plan that includes a predetermined allotment of services (for example, a predetermined amount of talk time, megabytes or messaging), unless otherwise specifically provided as a part of such plan, any unused allotment of services from one billing cycle will not carry over to any other billing cycle. We may bill you in a format as we determine from time to time. Additional charges may apply for additional copies of your bill, or for detailed information about your usage of services. Charges for usage of services on networks maintained by other carriers or on networks acquired by Cutting Edge Systems, Inc after August 31, 2010, may appear on your bill after the billing cycle in which the usage occurred. Chargeable time begins for outgoing calls when you press SEND (or similar key) and for incoming calls when a signal connection from the caller is established with our facilities. Chargeable time ends after you hang-up, but not until your telephone’s signal of call disconnect is received by our facilities and the call disconnect signal has been confirmed. All outgoing calls for which we receive answer supervision or which have at least 30 seconds of chargeable time, including ring time, shall incur a minimum of one minute talk time charge. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by our or third-party voice mail systems, private branch exchanges, and inter exchange switching equipment. Chargeable time may include time for us to recognize that only one party has disconnected from the call, time to clear the channels in use, and ring time. Chargeable time may also occur from other uses of our facilities, including by way of example, voice mail deposits and retrievals, and call transfers. Calls that begin in one rate period and end in another rate period may be billed in their entirety at the rates for the period in which the call began. If your phone or other device is stolen, you must contact us immediately to report the device stolen. Cutting Edge Systems, Inc will take into account the information provided by the customer to evaluate on an individual basis whether grounds exist for further relief. You also remain responsible for paying your monthly service fee if your service is suspended for nonpayment. We may require payment by money order, cashier’s check, or a similarly secure form of payment at our discretion.
IF YOUR PHONE IS STOLEN
You are not liable for charges you did not authorize, but the fact that a call was placed from your phone is evidence that the call was authorized. (California customers see section “Unauthorized Charges to Your Phone.”) Once you report to us that the device is stolen you will not be responsible for subsequent charges incurred by that device. Cutting Edge Systems, Inc may use certain technologies and law enforcement to track the phone or device that was stolen. You can report your device as stolen and suspend service without a charge by contacting us at the phone number listed on your bill. If there are charges on your bill for calls made after the device was stolen, but before you reported it to us, notify us of the disputed charges and we will investigate. You may be asked to provide information and you may submit information to support your claim. We will advise you of the result of our investigation within 30 days. While this phone or device is suspended, you will remain responsible for complying with all other obligations under this agreement, including, but not limited to, your monthly fee. We and you have a duty to act in good faith in a reasonable and responsible manner including in connection with the theft of your device.
DISHONORED CHECKS AND OTHER INSTRUMENTS
We will charge you $35 or the highest amount allowed by law, whichever is less, for any check or other instrument (including credit card charge backs) tendered by you and returned unpaid by a financial institution for any reason. You agree to reimburse us the fees of any collection agency, which may be based on a percentage at a maximum of 33% of the debt, and all costs and expenses, including reasonable attorneys’ fees we incur in such collection efforts.
CHANGES TO TERMS AND RATES
We may change any terms, conditions, rates, fees, expenses, or charges regarding your service at any time. We will provide you with notice of such changes (other than changes to governmental fees, proportional charges for governmental mandates, long distance rates or administrative charges) either in your monthly bill or separately. You understand and agree that State and Federal Universal Service Fees and other governmental imposed fees, whether or not assessed directly upon you, may be increased based upon the governments or our calculations. If we increase the price of any services to which you subscribe, beyond the limits set forth in your plan, or if we decrease the geographical area in which your talk time rate applies (other than a temporary decrease for repairs or maintenance), we will disclose the change at least one billing cycle in advance. If you lose your eligibility for a particular plan, we may change your plan to one for which you qualify.
Your device must be compatible with, and not interfere with, our service and must comply with all applicable laws, rules, and regulations. We may periodically program your device remotely with system settings for service, to direct your device to use network services most appropriate for your typical usage, and other features that cannot be changed manually. Devices purchased for use on Cutting Edge Systems, Inc’s system are designed for use exclusively on Cutting Edge Systems, Inc’s system (“equipment”). You agree that you will not make any modifications to the equipment or programming to enable the equipment to operate on any other system. Cutting Edge Systems, Inc may, at its sole and absolute discretion, modify the programming to enable the operation of the device on other systems. You can get details on Cutting Edge Systems, Inc policies for modifying equipment by calling.
If you bought a phone from Cutting Edge Systems, Inc, your phone may have been programmed with a lock which will prevent the phone from operating with other compatible telephone carriers’ services. If you wish to use the locked phone with the service of another telephone carrier, you must enter a numeric unlock code to unlock the phone. Cutting Edge Systems, Inc will provide the unlock code upon request to eligible current and former customers, provided that (1) the customer has completed a minimum of a 24 months of active service with Cutting Edge Systems, Inc, is in good standing with Cutting Edge Systems, Inc and is current in his or her payments at the time of the request; and (2) Cutting Edge Systems, Inc has such code or can reasonably obtain it from the manufacturer. Certain devices, including our enterprise class phones are not eligible to be unlocked and must be returned to Cutting Edge Systems, Inc at the termination of service.
ADVANCE PAYMENTS AND/OR DEPOSITS
Auto Credit Card or ACH payment for monthly payments is required. We may require you to make deposits or advance payments for services, which we may offset against any unpaid balance on your account. Interest will not be paid on advance payments or deposits unless required by law. We may require additional advance payments or deposits if we determine that the initial payment was inadequate. Based on your creditworthiness as we determine it, we may establish a credit limit and restrict service or features. If your account balance goes beyond the limit we set for you, we may immediately interrupt or suspend service until your balance is brought below the limit. Any charges you incur in excess of your limit become immediately due. If you have more than one account with us, you must keep all accounts in good standing to maintain service. If one account is past due or over its limit, all accounts in your name are subject to interruption or termination and all other available collection remedies.
LATE PAYMENT CHARGES
Late payment charges are based on the state to which the area code of the telephone number assigned to you is assigned by the North American Numbering Plan Administration (for area code assignments see http://www.nationalnanpa.com/area_code_maps). You agree that for amounts not paid by the due date, Cutting Edge Systems, Inc may charge, as a part of its rates and charges, and you agree to pay, a late payment fee of $5 in CT, D.C., DE, IL, KS, MA, MD, ME, MI, MO, NH, NJ, NY, OH, OK, PA, RI, VA, VT, WI, WV; the late payment charge is 1.5% of the balance carried forward to the next bill in all other states.
SERVICE LIMITATIONS and LIMITATION OF LIABILITY
Limitations of liability set forth herein govern unless they are prohibited by applicable law. Service may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of channels, system capacity, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. We may block access to certain categories of numbers (e.g., 976, 900, and international destinations) at our sole discretion. Your plan may include the ability to make and/or receive calls internationally. Certain eligibility restrictions apply which may be based on service tenure, payment history and/or credit and Cutting Edge Systems, Inc, in its sole discretion, may block your ability to use your phone while in other countries until eligibility criteria is met. International rates, which vary by country, will apply for all calls placed or received while outside the U.S., Puerto Rico and USVI. When outside the U.S., Puerto Rico and USVI, you will be charged normal international talk time when incoming calls are routed to voice mail, even if no message is left. WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE OR COVERAGE. WE CANNOT ASSURE YOU THAT IF YOU PLACE A 911 CALL YOU WILL BE FOUND. Talk time and other service charges apply to all calls, including involuntarily terminated calls. Cutting Edge Systems, Inc MAKES NO WARRANTY, EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE REGARDING ANY SERVICES OR GOODS, AND IN NO EVENT SHALL Cutting Edge Systems, Inc BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any: (a) act or omission of a third party; (b) mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the service provided by or through us; (c) damage or injury caused by the use of service or Device; (d) claims against you by third parties; (e) damage or injury caused by a suspension or termination of service by Cutting Edge Systems, Inc; or (f) damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service. Notwithstanding the foregoing, if your service is interrupted for 24 or more continuous hours by a cause within our control, we will issue you, upon request, a credit equal to a pro-rate adjustment of the monthly service fee for the time period your service was unavailable, not to exceed the monthly service fee. Our liability to you for service failures is limited solely to the credit set forth above. Unless applicable law precludes parties from contracting to so limit liability, and provided such law does not discriminate against arbitration clauses, Cutting Edge Systems, Inc shall not be liable for any indirect, special, punitive, incidental or consequential losses or damages you or any third party may suffer by use of, or inability to use, service or equipment provided by or through Cutting Edge Systems, Inc, including loss of business or goodwill, revenue or profits, or claims of personal injuries. To the full extent allowed by law, you hereby release, indemnify, and hold Cutting Edge Systems, Inc and its officers, directors, employees and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, service provided by Cutting Edge Systems, Inc or any person’s use thereof (including, but not limited to, personal injury), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF Cutting Edge Systems, Inc, or any violation by you of this Agreement. This obligation shall survive termination of your service with Cutting Edge Systems, Inc. Cutting Edge Systems, Inc is not liable to you for changes in operation, equipment, or technology that cause your device or software to be rendered obsolete or require modification. SOME STATES, INCLUDING THE STATE OF KANSAS, DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITS ON REMEDIES FOR BREACH. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. Cutting Edge Systems, Inc services are compatible with all internet connections, depending on the configuration of the customer’s ISP, router, or networking equipment. Since service is highly dependent upon the end user’s ISP, network setup, and equipment, Cutting Edge Systems, Inc cannot guarantee that service will work well (or at all) for all users. Cutting Edge Systems, Inc makes no guarantees regarding compatibility with any third-party equipment or service. Due to the nature of all VoIP services, Cutting Edge Systems, Inc service is not designed to be used for data connections with modems, security systems, fax machines and related devices. It is optimized for voice only and you may experience issues and inconsistencies when using Cutting Edge Systems, Inc service in non-voice scenarios.
You authorize us to provide information about and to make changes to your account, including adding new service, upon the direction of any person able to provide information we deem sufficient to identify you.
We may deactivate your voice mail service if you do not initialize it within a reasonable period after activation. We will reactivate the service upon your request.
DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our customer service department. In the unlikely event that Cutting Edge Systems, Inc’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if Cutting Edge Systems, Inc has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
(1) Cutting Edge Systems, Inc and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of this Agreement.
References to “Cutting Edge Systems, Inc,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this agreement, you and Cutting Edge Systems, Inc are each waiving the right to a trial by jury or to participate in a class action. This agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this agreement.
(2) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“notice”). The notice to Cutting Edge Systems, Inc should be addressed to: General Counsel, Cutting Edge Systems, Inc, 4912 W Marshall St Richmond VA 23230 (“notice address”). The notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“demand”). If Cutting Edge Systems, Inc and you do not reach an agreement to resolve the claim within 30 days after the notice is received, you or Cutting Edge Systems, Inc may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Cutting Edge Systems, Inc or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Cutting Edge Systems, Inc is entitled. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the notice address. The arbitrator is bound by the terms of this agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless Cutting Edge Systems, Inc and you agree otherwise, any arbitration hearings will take place in Henrico, Virginia. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. YOU AND Cutting Edge Systems, Inc AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Cutting Edge Systems, Inc agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(3) Notwithstanding any provision in this agreement to the contrary, we agree that if Cutting Edge Systems, Inc makes any future change to this arbitration provision (other than a change to the notice address) during your Service Commitment, you may reject any such change by sending us written notice within 30 days of the change to the arbitration notice address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
This agreement, the signature or rate summary sheet, the terms included in the plan(s) describing your plan and services, terms of service for products and services not otherwise described herein that are posted on applicable Cutting Edge Systems, Inc websites, and any documents expressly referred to herein or therein, make up the complete agreement between you and Cutting Edge Systems, Inc and supersede any and all prior agreements and understandings relating to the subject matter of this agreement. If any provision of this agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void. Cutting Edge Systems, Inc may assign this agreement, but you may not assign this agreement without our prior written consent. The law of the Commonwealth of Virginia shall govern this agreement except to the extent that such law is preempted by or inconsistent with applicable federal law. In the event of a dispute between us, the law of the state of your billing address at the time the dispute is commenced, whether in litigation or arbitration, shall govern except to the extent that such law is preempted by or inconsistent with applicable federal law. Your caller identification information (such as your name and phone number) may be displayed on the device or bill of the person receiving your call; technical limitations may, in some circumstances, prevent you from blocking the transmission of caller identification information. You consent to the use by us or our authorized agents of regular mail, predictive or auto dialing equipment, email, text messaging, facsimile or other reasonable means to contact you to advise you about our services or other matters we believe may be of interest to you. In any event, we reserve the right to contact you by any means regarding customer service-related notifications, or other such information. The original version of this agreement is in the English language. Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the English version. Dotcom VOICE is a product of Cutting Edge Systems, Inc.
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