AVAD Technologies Business VoIP Terms of Service

From time to time, AVAD Technologies will make modifications to it’s contract for “Business Class Voice over IP Services“. Changes to terms of this contract will be posted on AVAD’s Website at the following address; http://avadtechnologies.com/about/terms-of-service/.

You will be notified of any changes or updates on this page via e-mail. The e-mail notification will be sent to the primary contact that signed the contract with AVAD.

I. Terms of Service

AVAD Technologies Business Class VoIP is a Hosted PBX/Managed Communications Service. AVAD Technologies Business Class Voice over IP service packages are priced on a per user basis. A summary description of the features and functions can be found on our website AVAD Technologies.

AVAD Technologies Business Class VoIP is a Hosted PBX/Managed Communications Service. AVAD Technologies Business Class Voice over IP service packages are priced on a per user basis. A summary description of the features and functions can be found on our website www.avadtechnologies.com.

As a total VoIP solutions provider, AVAD Technologies will utilize the in-place broadband access service and, if needed, facilitate the purchase/installation of a new circuit. We will also coordinate with the customer’s network ‘provider-of-choice’ to provision the broadband connection for Quality of Service, (QoS) for IP transport via a clear channel connection to AVAD Technologies co-location facility. With cooperation from the network provider, the circuit will be configured to deliver business ‘toll-quality’ voice traffic. With your permission, AVAD Technologies will provide on-going operational analysis of the in-place circuit and all end-point equipment so as to ensure quality by monitoring real-time bandwidth saturation, packet-loss, performance of equipment and any other statistical scrutiny which may be derived. In order to guarantee ‘toll-quality’ voice traffic customer understands that a QoS capable router, manufactured by an AVAD Technologies approved manufacturer, be installed and correctly configured, at each location using AVAD Technologies VoIP service.

THIS CONTRACT AGREEMENT, for the use of AVAD Technologies business VoIP telephone service, is entered into immediately and without further action, by and between AVAD Technologies and Customer, including any Authorized User, both in their individual and corporate capacities, by using the Services (defined below).

THIS AGREEMENT, for the use of AVAD Technologies business VoIP telephone service, is entered into immediately and without further action, by and between AVAD Technologies, Inc. (hereinafter referred to as “AVAD Technologies”), a Nevada LLC, and the Customer, including any Authorized User, both in their individual and corporate capacities, by using the Services (defined below).

BY ACCEPTING THIS AVAD Technologies TERMS OF USE, SERVICE AND LICENSE AGREEMENT (HEREINAFTER THE “AGREEMENT”), YOU AGREE TO, AND SUCH ACTION CONSTITUTES UNQUALIFIED ACCEPTANCE OF, ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. PLEASE READ THE AGREEMENT IN ITS ENTIRETY BEFORE PROCEEDING FURTHER WITH THE USE OF THE SERVICES AS YOU AND YOUR ORGANIZATION (IF ANY) ARE BOUND BY ALL OF ITS TERMS AND CONDITIONS. IF YOU ARE EXECUTING THIS AGREEMENT ON BEHALF OF A COMPANY, BY SIGNING BELOW, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT WHICH, AMONG OTHER THINGS, GOVERN THE PROVISION OF IMPLEMENTATION AND SUPPORT SERVICES BY AVAD Technologies, AS WELL AS ANY USE OF AVAD Technologies INTERNET TELEPHONE SERVICE AND RELATED SOFTWARE APPLICATIONS (COLLECTIVELY HEREINAFTER, THE “SERVICES”). THE TERMS “YOU” OR “CUSTOMER” REFER TO THE INDIVIDUAL OR A LEGAL ENTITY, AS APPLICABLE, THAT REGISTERS FOR, RECEIVES AND/OR USES THE SERVICES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT REGISTER FOR, RECEIVE AND/OR USE THE SERVICES. YOUR USE OF THE SERVICES FOLLOWING YOUR RECEIPT OF NOTICE OF ANY CHANGE IN THESE TERMS OF SERVICE SHALL CONSTITUTE YOUR AGREEMENT TO THOSE CHANGES. ANY CHANGES IN THE TERMS OF USE, SERVICE AND LICENSE AGREEMENT WILL BE POSTED ON AVAD’S WEBSITE AT www.avadtechnologies.com. AVAD WILL NOTIFY CUSTOMER VIA ELECTRONIC MAIL TO VIEW SUCH CHANGES. IT IS THE RESPONSIBILITY OF THE CUSTOMER TO PROVIDE AVAD TECHNOLOGIES WITH A PRINCIPLE ELECTRONIC MAIL ADDRESS FOR THIS PURPOSE.

II. Term of Contract and Termination

The term of this contract is from the Effective Date and expires on START DATE. Customer may continue using AVAD Technologies services after the expiration date assuming customer has met all obligations of this contract and has paid for services due in full under the terms of this contract. After the expiration of the initial contract period, this Contract for Services automatically converts to a month-to-month agreement. All other terms in this contract remain unchanged. he Services and the obligation to pay for such Services will continue after the end of their respective terms unless either party terminates the Agreement or cancels such Services by providing at least thirty (30) days prior written notice. AVAD Technologies reserves the right to terminate this Agreement for cause at any time, including during the term if (a) Customer is in Payment Default or (b) AVAD Technologies determines that Customer has violated AVAD Technologies’ then-current Acceptable Use Policy.

III. Pricing for Voice over IP Services

The non-recurring or installation-based costs contained in the quote are estimates only and may vary based on the final configuration of your services. Unlimited Calling Plan usage and Call Center Plan usage does not include toll charges for international calls, domestic and international directory assistance or operator assistance charges. Calls to mobile phones in Canada are metered and billed under International Calls. Depending on individual state, city and local taxes may be applied.Call Centers are metered. Local and Long Distance call charges will be applied to each incoming and outgoing call. Actual charges will vary depending upon the actual call toll charge.

IV. Fair Usage Policy

The Fair Usage Policy limit will only apply to Unlimited Calling Plans on an aggregate company basis. All inbound and outbound calls included in your monthly business VoIP Calling Plans are subject to a fair usage policy limit of 1,500 minutes per user, per month. Once this limit is exceeded you will be charged normal Call rates and any applicable connection fee for any additional minutes used. AVAD Technologies offers calling plans that are described as including unlimited minutes of use. AVAD Technologies reserves the right to review usage of unlimited plans to ensure “Fair Use” and reserves the right to, at any time, charge for all minutes of use in excess of the Fair Use Policy at the then current rate for metered domestic calling plans or to immediately terminate Customers’ accounts without advance notice. “Fair Use” means all off-net usage does not exceed the 1,500 minutes limit. Fair Use prohibits any activities that result in excessive usage including, but not limited to, Call Centers, auto dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting, fax blasting or transmitting broadcasts or recorded messages.

V. Services

From time to time customer may request changes to the configuration of customers Business Class Voice over IP phone system. Any such changes must be approved by an “Authorized Signer” of your company and must be in a format provided by AVAD Technologies. If Customer adds additional services and does not sign or accept a new Agreement, the new services will be considered “Services” and shall be governed by the terms of this Agreement. Customer is responsible for safeguarding its passwords and may be unable to access its files in the event any password is lost, forgotten or misappropriated. AVAD Technologies and its suppliers may, from time to time and without liability, interrupt Services for maintenance and other operational reasons, and Customer shall not receive any compensation for such interruptions. AVAD Technologies reserves the sole and exclusive right to determine or revise its service area, and the right to discontinue any Service or Product without liability. Customer shall indemnify and hold AVAD Technologies harmless (including attorneys’ fees and expenses) from all third party claims, suits, demands and other actions related to Customer’s use of the Services.

VI. Taxes

AVAD Technologies will submit invoices via electronic mail to Customer each month. Customer is responsible to notify AVAD’s Accounting Department of any changes to the billing e-mail address. Invoices will cover all Monthly Recurring Charges for Services to be provided in that month and all Non-Recurring Charges from the previous month. Invoices are due and payable as of the date of the invoice. Customer will be charged a late fee charge of $10.00 or the greater of one and one-half percent (1 ½%) or the maximum percentage allowed by law assessed on any unpaid balance not paid by twenty-five (25) calendar days after its Due Date. If an invoice is not paid within thirty calendar (30) days of the Due Date, service may be disconnected and a Re-connect fee of $50.00 will be charged to customer. AVAD Technologies will charge the Customer a $45.00 fee for each returned check item. Customer will be responsible to AVAD for any expenses (including) attorneys’ fees and court costs) that AVAD Technologies incurs to collect overdue charges.

VII. Use, Storage & Other Limitations

AVAD Technologies reserves the right to establish or modify general practices and limits concerning use of the Services, including without limitation, the maximum number of days that Content will be retained by the Service, the maximum disk space that will be allotted on servers owned and/or operated by AVAD Technologies on your behalf, the maximum utilization of telephone lines and minutes and the maximum number of e-mails or faxes transmitted, if any. Where practical, AVAD Technologies will provide you with prior notice of such new or modified practices.

VIII. Taxes

The Services and associated equipment are generally subject to a combination of federal, state and local taxes or surcharges. Taxes/surcharges may include, but are not limited to, a combination of, sales and use taxes, gross receipts, excise and utility users taxes, universal service fund/telecommunications relay service surcharges, municipal occupation and license taxes, business and occupations taxes, 911 fees or taxes, franchise fees and/or surcharges (collectively, “Taxes”). Taxes will be applied to all Customer transactions unless Customer has provided AVAD Technologies with a properly completed and timely received resale or other exemption certificate for each state and tax type which Customer claims non-taxable status. Once Customer has provided the proper exemption certificate, AVAD Technologies will cease charging Taxes on Customer’s next monthly invoice. Customer will be responsible for contacting the applicable taxing agency to request a refund or credit for any previously invoiced Taxes. Customer shall indemnify and hold AVAD Technologies harmless (including attorneys’ fees and expenses) from all third party claims, suits, demands, judgments and other actions related to AVAD Technologies’ reliance on Customer’s exemption certificate(s). AVAD Technologies may charge late fees on all unpaid taxes.

IX. Limitation on Liability

UNDER NO CIRCUMSTANCES SHALL EITHER AVAD TECHNOLOGIES OR ITS SUPPLIERS BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY NATURE, OR FOR ANY LOST REVENUES, LOST PROFITS OR LOSS OF BUSINESS REGARDLESS OF THE CAUSE OF ACTION, AND WHETHER OR NOT FORESEEABLE. IN NO EVENT SHALL AVAD TECHNOLOGIES OR ITS SUPPLIERS’ CUMULATIVE LIABILITY EXCEED THE FEES PAID BY CUSTOMER THROUGH THE MONTH IN WHICH THE CLAIM AROSE EVEN IF AVAD TECHNOLOGIES IS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, AVAD TECHNOLOGIES AND ITS SUPPLIERS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES, LOSSES, EXPENSES OR COSTS THAT CUSTOMER SUFFERS AS A RESULT OF: (I) ANY INTERRUPTION OR FAILURE OF THE SERVICES OR PRODUCTS; (II) THE DOWNLOADING OR USE OF ANY INFORMATION, DATA OR MATERIALS OBTAINED VIA THE SERVICES OR FROM THE INTERNET; (III) ANY FAILURE TO COMPLETE A TRANSACTION ON THE INTERNET OR USING THE SERVICES OR ANY LOSS OF DATA DUE TO DELAYS, NON-DELIVERIES, MISSED DELIVERIES, OR SERVICE INTERRUPTIONS; (IV) ANYTHING BEYOND THE REASONABLE CONTROL OF AVAD TECHNOLOGIES, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION OR FAILURE OF A THIRD PARTY’S SERVICES, SOFTWARE, EQUIPMENT OR NETWORK; (V) ANY UNAUTHORIZED USE OR MODIFICATION OF SERVICES OR PRODUCTS OR COMBINATION OF SERVICES OR PRODUCTS WITH OTHER SERVICES, PRODUCTS OR EQUIPMENT; (VI) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (VII) THE ATTEMPT BY UNAUTHORIZED USERS (E.G., HACKERS) TO OBTAIN ACCESS TO CUSTOMER’S DATA, WEB-SITE, COMPUTERS, OR NETWORKS.

X. Additional Terms

  1. Equipment and Hardware purchases must be paid in full at time of order with AVAD Technologies.
  2. This contract together with the signed Quote for Services becomes a binding agreement upon execution by AVAD Technologies.
  3. Any notice or other communication required or permitted to be given hereunder shall be in writing and shall be given by electronic mail, by facsimile, or by prepaid first class mail, to the addresses provided below.