Terms and conditions 1. Knowledge and acceptance of the terms of use
Bistelecom, hereinafter referred to as (COMPANY), provides telecommunications services (Service) described in more detail on our website to you (End User) subject to the following conditions: By accessing this Site and/or registering for or using the Service, END USER acknowledges receipt, reading and understanding of this General Services Agreement (AGREEMENT) and agrees to the terms and conditions herein. If END USER does not agree to these Terms of Use, please do not use our Site or Service. COMPANY reserves the right, at our discretion, to update or revise these Terms of Use. If each End User logs in untimely or does not access this Site or use the Service after the posting of any changes to the Terms of Use, END USER hereby agrees to such changes, regardless of whether END USER has checked or visited the Terms of Use of the site. These Terms of Use govern the use of our Site and our Service by viewers and other users.
2. Conduct
END USER is solely responsible for the actions and content of its transmissions through or in connection with the Service, with the understanding that each employee acts on behalf of any company with which such employee is associated in all actions and remarks on or in connection with the SERVICE. USER agrees to:
a. To comply with all local, state, national and international laws, regulations and statutes in the use of the Service;
b. Do not use the service for illegal purposes;
c. Not to use or attempt to use another person or entity's account, telephone number, service, system or other Confidential Access Information without the owner's authorization;
d. Comply with all laws relating to the transmission of voice or technical data (including all United States export laws, regulations and restrictions);
e. Not to make unsolicited contact, stalk, threaten or harass any person through, in connection with, or using any data collected through the Service; COMPANY
f. neither endorses the content of any of your communications nor assumes any responsibility for any threatening, defamatory, obscene, harassing or offensive material contained in such materials, or any offense facilitated by the use of the service;
g. not to interfere with or disrupt networks connected to the Service or attempt to interfere with the proper working of the Service, and
h. not to attempt to gain unauthorized access to the Service.
COMPANY, in our sole discretion, may terminate your access to the service and/or this site if your conduct fails to comply with any provision of this AGREEMENT.
3. Free Account Terms of Use
For the Free User (also known as Free Account holder), the Service is provided to the END USER for personal, residential, non-commercial, and non-professional use. This means that the END USER will not use it for any commercial, governmental, non-profit-making or non-profit-making activity, including, but not limited to home office, business, sales, or any other activity that is inconsistent with normal personal usage patterns. This also means that the END USER may not resell, bundle with equipment or transfer the Service to anyone for any purpose, or make any charge for use of the Service, without the express written permission of our COMPANY. THE COMPANY reserves the right to discontinue or modify the Service, if it is determined, in our sole discretion, that the customer service is being used for non-personal or business use.
4. Individual Service Terms of Use
For personal service users, the Service is provided to END USER as an individual user, for his/her personal, residential, non-commercial, non-professional use. This means that END USER is not to use the Service for any commercial, governmental, non-profit or non-profit-making activity, including but not limited to home office, business, sales, tele-commuting, telemarketing (including without limitation charitable or political solicitation or surveys), auto-dialing, continuous or extended call forwarding, fax transmission, fax blasting or any other activity that is inconsistent with normal individual usage patterns. This also means that END USER is not to resell or transfer the Service to anyone else for any purpose, or make any charge for use of the Service, without the express written permission of OUR COMPANY. USER agrees that use of the service provided to END USER by any other person for any commercial or governmental purpose will obligate END USER to pay the higher rates for business service on account of all times, including prior periods, in which END USER uses, or has used, the service for commercial or governmental purposes. COMPANY reserves the right to discontinue or modify the service, if COMPANY determines, in its sole discretion, that the CUSTOMER'S SERVICE is being used for non-personal or business use.
5. Terms of use of the business service - Second Hand, even for free is prohibited
For Business Users, the Service is provided to END USER as a business user. This means that END USER is not to resell or transfer the Service to anyone else for any purpose without the express written permission of our COMPANY. END USER agrees that the Business Plans do not confer the right to use the SERVICE for automatic dialing, continuous or extended call forwarding, call centers (inbound or outbound), telemarketing (including, without limitation charitable or political or electioneering solicitation), fax broadcasting or fax blasting. COMPANY reserves the right to discontinue or modify the Service, if COMPANY determines, in its sole discretion, that the Customer's SERVICE is being used in any of the above activities.
6. Increase or decrease monthly calling plans
For individual and business users of the monthly plan, service is provided on a monthly basis and is paid in advance for each month. The activation date of the monthly plan will be considered the anniversary date. The monthly plan will renew each month on the anniversary date unless terminated by the customer. Termination of service must be in writing via e-mail to our email address of record two days prior to the anniversary date. Monthly plan fees will not be prorated and/or refunded in the month of termination. Notice of termination received after the required notice date will be effective for the next anniversary date. A setup fee will be charged to reactivate plans that were previously terminated. Requests to upgrade or downgrade a monthly calling plan to a different calling plan must be submitted in writing and to the email address of record. Request to modify an existing plan must be submitted at least five days prior to the monthly anniversary date. Requests to upgrade or downgrade a monthly plan are not automatic and are subject to approval by our company. Current monthly plan customers who are approved to change to a more expensive (upgrade) monthly plan may do so without paying another setup fee. Current monthly plan customers who are approved to change to a less expensive (downgrade) monthly plan may do so and will be required to pay another setup fee.
7. Prohibited Use
Use of any End User Service or any other action that causes a disruption in the integrity of the Company's or its suppliers' network, either directly or indirectly, is strictly prohibited and may result in termination of Service and/or payment of damages in connection with such conduct. End User understands that neither we nor our suppliers are responsible for the content of any transmissions that may pass through the Internet and/or the Service. End User agrees that it will not use the Service in ways that violate any laws, infringe upon the rights of others, or interfere with users, services or network equipment. End User agrees and represents that it is using the Service for its own internal use only, and may not resell the Service from it. The Service is for End User's reasonable personal, residential and business use only. Such use does not include certain activities, including, but not limited to any automatic dialing, continuous or extended call forwarding, continuous connectivity, fax broadcasting, fax blasting, telemarketing or any other activity that is inconsistent with reasonable personal, residential and business usage patterns.
8. Changes to the agreement and service
COMPANY may modify the terms and conditions of this Agreement from time to time and at its discretion without prior notice. COMPANY reserves the right to modify, suspend or terminate the Service, temporarily or permanently, with or without prior notice to END USER. COMPANY shall not be liable to END USER or any third party in the event that COMPANY exercises its right to modify or discontinue the Service.
9. Telephone Numbers
Any telephone number listed (the Number) for END USER shall be leased and not sold to END USER. END USER shall not obtain any right, title or interest in the Number. END USER is not to use the Number with any device other than approved equipment (the Equipment) without express written permission from our COMPANY. COMPANY reserves the right to modify, cancel or move the Number at its discretion. Upon expiration, cancellation or termination of service, End User must relinquish and cease using any telephone numbers, voice mail access numbers and/or Internet portals assigned to End User by our Company.
10. Charges
COMPANY does not charge anything to use the free internet calling service. COMPANY reserves the right to modify this policy at its discretion and without prior notice. END USER is responsible for acquiring and paying the costs of any software, hardware or Internet/broadband connection charges necessary to access and use the service.
11. Payments
All new or recurring payment services are prepaid. Initial use of the service authorizes us to place the credit card or bank account number on file with us, including any changed information given if the card expires or is replaced, or if the END USER replaces it with a different card, for recurring charges. This authorization will remain valid until 30 days after we receive written notice from you canceling the authorization to charge your credit card.
12. Late or non-payments
COMPANY may suspend service at any time and in its sole discretion, if any charge to your credit card on file is declined or reversed, your credit card expires and you have not provided us with a new credit card or in the event of any other non-payment of charges on the account.
13. Billing
The END USER of the service must provide us with a valid credit card number (Visa, MasterCard, Discover, American Express or any other form of payment then accepted by our COMPANY) when the service is activated. COMPANY reserves the right not to accept credit cards from one or more issuers. If the card expires, END USER closes his/her account, changes his/her billing address, or the card is cancelled and replaced due to loss or theft, END USER must notify us immediately. Such billing charges will include monthly service fees, applicable taxes and applicable fees. Monthly service bills are prepaid to the credit card, including, but not limited to: recurring monthly charges.
14. Taxes
END USER is responsible for, and will pay, any applicable federal, state, provincial, municipal, local government sales or other, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in effect or hereafter enacted, arising out of or as a result of your subscription to, use of or payment for the Service or Equipment. These amounts are in addition to your payment for the Service or Equipment and will be billed to your credit card as set forth in this Agreement.
15. Technical Support
COMPANY provides the end user with technical support at its sole discretion and as limited to the service and equipment provided hereunder. Technical support is provided from our premises, as available, via email. Support for other applications and uses is not provided or implied.
16. Termination
COMPANY reserves the right, in its sole discretion, to suspend or terminate your access to all or part of this Site or the Service with or without notice. COMPANY shall not be liable to end user or any third party for any termination of service.
17. Identification
END USER agrees to defend, indemnify and hold harmless our company, its directors, officers, shareholders, affiliates, agents, successors, assigns and suppliers, from any claim or damage related to this Agreement or the breach or violation of this Agreement, including reasonable attorneys' fees.
18. Disclaimer of Warranties and Limitation of Liability
To the fullest extent permitted by applicable law, COMPANY disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. COMPANY does not warrant that this site, its servers, the service, or e-mail sent from us are free of viruses or other harmful components. COMPANY shall not be liable for damages of any kind arising from the use of or inability to use this site, including, but not limited to, direct, indirect, incidental, punitive, special, exemplary and consequential damages. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if COMPANY has been advised of the possibility of such damages. COMPANY makes no representations or warranties of any kind, express or implied, as to the operation of this site and/or the service or the information, content, materials or products included on this site. THE COMPANY does not guarantee that:
I. This site or service will be tailored to your needs,
II. This site or service will be uninterrupted, timely, secure, or error-free,
III. The results that may be obtained from the use of this Site or the Service will be accurate or reliable,
IV. The quality of any products, services, information or other material purchased or obtained by the end user through this site or service will meet his or her expectations, and
V. Any errors in this Site or the Service will be corrected.
COMPANY shall not be liable for any direct, indirect, consequential, incidental or special damages, whether foreseeable or not, that may arise out of the use of or access to this Site and/or the Service. END USER understands and agrees that use of this Site and/or the Service is at his/her own risk and discretion and is on an "is as" and "as available" basis. END USER also understands and agrees that END USER shall be solely liable for any damage caused by END USERS use of this Site or the Service, including damage to his/her computer system or loss of data that results from material or data that is downloaded from this Site. Our Company is not responsible for content on the Internet or the World Wide Web not otherwise located on this Site. As a convenience to our End Users, COMPANY may provide links to resources that are beyond its control. THE COMPANY assumes no responsibility as to the quality, suitability, functionality or legality of any sites to which the Company may provide links, and the end user hereby waives any claim he or she may have against our Company with respect to such sites.
19. No consequential damages
In no event shall our Company, its officers, directors, employees, affiliates, agents, successors, assigns, or any other service provider providing services to End User in connection with this Agreement or the Service be liable for any incidental, special, indirect, punitive, exemplary or consequential damages, or any other damages whatsoever, including but not limited to loss of data, lost revenues or profits, or arising out of or in connection with the use or inability to use the Service, including the inability to be able to dial 911 or access emergency services personnel through the Service. The limitations set forth herein apply to claims based on breach of service, breach of warranty, product liability, tort, and any and all other theories of liability and shall apply whether or not COMPANY was advised of the possibility of any particular type of damage.
20. Corrections for non-compliance with these conditions by the END USER
In the event that COMPANY determines, in its sole discretion, that END USER has breached any portion of these Terms of Use, or otherwise demonstrates conduct inappropriate for our Site, COMPANY reserves the right to (i) Warn END USER via email that END USER has breached these Terms of Use, (ii) remove any or all Content provided by END USER or END USER's agent(s) to this Site, (iii) terminate END USER's access to the Service or the Site, (iv) notify and/or send Content to and/or fully cooperate with any law enforcement authorities for further action, and/or (v) take any other action that COMPANY deems appropriate.
21. State Laws
This Agreement shall be governed by the laws of the State of Florida without regard to its conflicts of law provisions. End User acknowledges and agrees that the courts of Florida have jurisdiction over this Agreement and Customer, that Miami Dade County, Florida is an appropriate venue for any litigation, and that any litigation, to the extent possible, will be in Miami, Florida.
22. Copyright and Trademarks
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers (the “Intellectual Property”) and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of our Company and is protected by United States and international copyright laws. END USER You may not upload to this site, use the Service and/or copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer, any material subject to any Intellectual Property. End User is responsible for determining whether any information, software, images or other content on this site is not protected by any Intellectual Property.
23. Information Registration / Privacy Policy
When END USER registers as a member of our company, END USER will be required to provide us with his/her End User ID and password and other confidential access information (Confidential Access Information). Except as provided herein, COMPANY will not sell to any third party your name, address, email address and End User ID unless END USER provides informed consent, except to the extent necessary to comply with applicable laws, law enforcement investigations or in court proceedings where such information is relevant. COMPANY grants third party parties that provide technical services to us access to our database only to the extent necessary to provide technical services. In such cases, such third parties are subject to these Terms and Conditions. Your informed consent shall be in the form of an "opt in" or similar policy. In addition, COMPANY may assign, sell, license or otherwise transfer to a third party the entire database, including your name, address, email address and End User ID, in connection with an assignment, sale, joint venture, or other transfer or disposition of all or a significant portion of our COMPANY's assets or stock. End User is responsible for maintaining the confidentiality of its Confidential Access Information. USER shall be responsible for all uses of its Confidential Access Information, whether or not authorized by End User. USER agrees to notify us immediately of any unauthorized use of its Confidential Access Information.
24. Link to the Site
END USER may provide links to or only the home page provided that (a) END USER does not remove or obscure, by framing or otherwise, the copyright notice, content or other notices on this site, (b) END USER will give us prior written notice of such linking by email, and (c) END USER will cease providing links to this site if notified by our company.
25. Miscellaneous
In the event that any provision of this Agreement shall be found to be inconsistent with the law under which this Agreement is to be construed or if such provisions are held invalid by a court having jurisdiction over the parties to this Agreement, such provision shall be deemed to be restated to reflect, as nearly as possible, the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver of any such party's right to assert or rely upon such provision or right in that or any other instance, rather, the same shall be and remain in full force and effect. COMPANY may assign our rights and obligations under this Agreement, and upon such assignment COMPANY may be relieved of any further obligations. This Agreement, and any modification of this Agreement by our company to the foregoing, constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all prior agreements and understandings. Any legally enforceable provision of this Agreement may, at our company's election, be deleted or modified to correct the defect and, notwithstanding, the remaining terms of this Agreement shall continue to be valid and enforceable.
26. Consent to receive electronic documents
By accessing this site and using the SERVICE, END USER agrees to receive electronic documents, billing reports, statements and records (e-Records) instead of paper documents, statements and records from us. Your electronic records may be emailed to End Users to the email account that END USER provides to us, through this website using your Confidential Access Information or otherwise electronically provided to End User. By accessing this site and using the SERVICE, END USER also agrees to the use of electronic signatures instead of (and in addition to) wet ink, physical signatures. END USER may request a paper copy of any electronic document that COMPANY sends END USER by emailing our company. End User may also request it by sending a written request to our address of record, ATTN: Electronic Records. END USER will be charged $10.00 for each paper record that END USER requests prior to END USER's cancellation consent. END USER may withdraw his or her consent to receive electronic records from us by sending an email to this email address of record or by sending a written letter. END USER will be charged a $50.00 cancellation consent fee. This consent applies to all electronic records that COMPANY may send END USER. Withdrawal of this consent will not affect the legal effectiveness, validity or enforceability of any electronic records that COMPANY provided to END USER prior to withdrawal of such consent. If END USER changes his or her email address to receive electronic records, END USER must notify us of his or her new email address by sending an email or written letter to our address of record.
27. Recognition
END USER informs COMPANY that END USER has the authority and capacity to understand and agree to these Terms of Use. END USER acknowledges (a) that END USER has read and understood these Terms of Use, and (b) that these Terms of Use have the same force and effect as a signed agreement.
How to contact us
If you have any general questions about the Site or the information we collect from you and how we use it, you can contact us at: info@bistelecom.com
