Additional Terms of Service v2.14.2023

 

These additional terms of service (“Additional Terms of Service”) are made a part of the Agreement by and between  ComTec Cloud Services LLC (“we,” “us” or “ComTec”) with an address at 2658 N. West Boulevard, Vineland, New Jersey, 08360, and the user (“you,” “user”, “Customer” or “Subscriber”) of ComTec’s business services  (“Service”). Defined terms in the Agreement will have the same meaning as in these Additional Terms of Service.

1.1.      Implementation. ComTec represents it will exercise its reasonable efforts required to procure Equipment and configure Services in conjunction with Customer, its vendors, providers and persons to support a successful implementation.

(a.)       ComTec will provide a primary point of contact that shall assign and manage project responsibilities in the form of time-lines and scope throughout project implementation.

(b.)       ComTec may provide a lead engineer, if required, who will coordinate with Customer’s lead engineer and have technical responsibility for programming and hands on work as required within this Agreement.

(c.)        ComTec will continue to monitor and provide Customer updates as to any technical issues we encounter with the associated Customer network(s) and continue to work with Customer to establish optimal methods of achieving the highest quality voice transmissions throughout the term of this Agreement.

(d.)       ComTec and Customer shall cooperate to achieve the implementation of the Service using best in class recognized standards for prioritizing voice traffic, defined as “Best Practices”, as further detailed in this Agreement.

1.2.    Connectivity Monitoring. ComTec monitors connectivity and covered Equipment in use at all times and makes every effort to ensure uninterrupted quality of Service.  However, in the event of a Service interruption, ComTec shall take the following steps:

(a.)     Attempt to identify the cause of the interruption.

(b.)     Formally open a Trouble Ticket with response guaranteed within 1 hour.

(c.)     Resolve the interruption as soon as possible if traceable to ComTec operated Equipment or Services; or where the problem is traceable to non-ComTec operated Equipment, inform the affected parties and intercede on the Customer’s behalf, where possible, to resolve the interruption.

(d.)     If the cause of the interruption is outside of the scope of ComTec’s Services, Customer agrees to reimburse ComTec for its Service.

1.3.      Customer Responsibilities.

(a.)         Customer will provide a primary point of contact throughout the implementation that will work as counterpart to ComTec’s single point of contact to provide customer data, information and complete other tasks as needed, in a timely manner, to enable ComTec to complete the project as soon as practicable.

(b.)         Customer represents that it has or has secured the authority necessary for the installation on its premises of all Equipment necessary to provide the Services.

(c.)     Customer shall secure all licenses, permits, rights-of-way and other arrangements necessary for such installation.

(d.)     Customer shall allow ComTec reasonable access and right-of-way to Customer’s premises for Equipment installation and maintenance.

(e.)     Customer shall be solely responsible for all costs related to preparing and maintaining its site.

(f.)      Unless otherwise agreed in writing by both parties, Customer shall be responsible for ensuring network readiness for the Initial Term of this Agreement or any Renewal Term.  Site preparation shall apply each time such products are moved to a new site, and in certain situations, may require additional implementation Services pursuant to a separate statement of work.

(g.)     Customer shall be responsible for providing and maintaining a full audit of their existing network architecture including; all network devices, IP address numbering plan including gateway addresses; existing technologies including all existing hardware specification and capabilities, cabling infrastructure, redundancy and failover systems, utility electrical and uninterruptible power sources, network security requirements; and; policy management for multiple types of data traffic. Customer will provide ComTec with written details of all of the aforementioned information upon request. Based on the outcome of the audit(s), Customer may be required to upgrade components in its network to facilitate the use of ComTec Services and Equipment.

(h.)     Customer shall supply necessary space, Equipment, network, wiring, electrical power, and environmental conditions suitable for, and compatible with, ComTec’s Equipment and provision of Services. In certain instances, Cellular Services may require additional antennas or other means to attempt to increase reception/transmission of the service which will not be known until the service is installed and tested. Any costs associated with these attempts will be the responsibility of the Customer.

(i.)      Customer and ComTec will work together to complete implementation of the Equipment and or Services as soon as practicable. Once the Services have been activated, Customer will execute the Delivery and Acceptance, which will be provided to Customer after installation has been complete, to indicate that all Services are working satisfactorily or, provide in writing a list of any incomplete items in the scope of work for ComTec to complete. In the event Customer fails to either execute the Delivery and Acceptance or provide a list of incomplete items within seven days of ComTec presenting the Delivery and Acceptance for signature, ComTec will be deemed to have performed the satisfactory implementation of Equipment and Services under this Agreement. In no event will billing for the Monthly Recurring Charges be delayed more than 150 days from the signing of this Agreement, regardless of whether the Services have been activated or not, unless solely due to ComTec’s delay. All Non Recurring Charges are due upon the signing of the Agreement, unless otherwise specified herein. This Agreement cannot be cancelled by Customer for any reason, including construction delays.

(j.)      Customer is responsible for all use of the Services, with or without its knowledge or consent.

(k.)     Customer is solely responsible for maintaining the security of its account, passwords, files, network and user access.  Customer acknowledges that ComTec does not monitor, review or restrict information, communications, software, photos, video, graphics, music sounds, services or other material available from third parties and Customer assumes responsibility for and bears all risks associated with the accuracy, completeness, reliability or usefulness of said content. Customer will provide access and/or passwords as requested by ComTec.

(l.)      Unless otherwise specified in the Agreement, Customer is responsible for cancelling or disconnecting the services that were previously provided by Client’s incumbent vendors and carriers.

(m.)    If voice-traffic failover is configured by ComTec the client is responsible for continued testing of this functionality to ensure its operation in the event of an outage of your primary circuit.  Issues related to non-functioning failover should be directed to www.support@comtecsystems.net.

(n.)     You are purchasing the Service for full terms, meaning that if you attempt to terminate Service prior to the end of the Initial Term or any Renewal Term , you will be responsible for the full MRC to the end of the then-current term, including, without limitation, unbilled charges, plus a liquidated damages fee, if applicable, all of which will immediately become due and payable.

1.4.      Prohibited Uses.

(a.)         Unlawful use and Inappropriate Conduct. You shall use the Service and the Device only for lawful purposes and shall not use same in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or any similar behavior. We reserve the right to immediately terminate your Service if, in our sole and absolute discretion, we determine that you have used the Service or the Device for an unlawful purpose or in an inappropriate way. In the event of such termination, you will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If we believe that you have used the Service or the Device in any of the aforementioned ways, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, ComTec will provide information in response to law enforcement requests, subpoenas, court orders, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to the Customer or others.

(b.)         Use of Service and Device by Customers Outside the United States. Although we encourage you to use the Service to place calls to foreign countries from within the United States, we do not presently offer or support the Service in any countries other than the United States and Canada.

(c.)         Copyright; Trademark; Unauthorized Usage of Device; Firmware or Software Copyright; Trademark. The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on our websites are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All of our websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively “marks”) are and will at all times remain our exclusive property. Nothing in this Agreement grants you the right or license to use any of our marks.

(d.)         Unauthorized Usage of Device; Firmware or Software. You have not been granted any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. You expressly agree that the Device is exclusively for use in connection with the Service and that we will not provide any passwords, codes or other information or assistance that would enable you to use the Device for any other purpose. We reserve the right to prohibit the use of any interface device that we have not provided to you. You hereby represent and warrant that you possess all required rights, including software and/or firmware licenses, to use any interface device that we have not provided to you. In addition, you shall indemnify and hold us harmless against any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.

(e.)         Tampering with the Device or Service. You shall not change the electronic serial number or Equipment identifier of the Device or perform a factory reset of the Device without our prior written consent. You shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose. In the event of such tampering ComTec will notify you in writing and allow you 30 days to cure such event. In the event that you have not cured this violation we reserve the right to terminate your Service. In the event of such termination, you will remain responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will immediately become due and payable.

(f.)          Theft of Service. You shall notify us immediately, in writing or by calling our customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft, fraudulent use or unauthorized use of Service. You will be liable for all use of the Service using a Device stolen from you and any and all stolen, fraudulent or unauthorized use of the Service.

(g.)         Administrative Access to ComTec’s Equipment. You agree that you are not authorized to administer ComTec’s Equipment. You will not attempt to obtain passwords or to otherwise access administrative rights to the Equipment to make software, configuration, reporting or any other changes to the Equipment including alterations to Customer data files, and Customer specific configurations and programs. ComTec will not be liable for any Service errors or interruptions, theft or destruction of information and data files or any other loses or damages resulting from Customer’s unauthorized access to ComTec’s Equipment. Customer will be financially responsible for any repairs required as a result of unauthorized access to the Equipment.

1.5.      Incompatibility with Other Services.

(a.)         Security Systems. The Service may not be compatible with security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the Service.

(b.)         Certain Broadband and Cable Modem Services. You acknowledge that the Service presently may not be compatible with some broadband Services. You further acknowledge that some providers of broadband Service may provide modems that prevent the transmission of communications using the Service. We do not warrant that the Services will be compatible with all broadband Services and expressly disclaim any express or implied warranties regarding the compatibility of the Service with any particular broadband Service.

(c.)         Customers who use ComTec iConnect product for VoIP Service shall have the option of connecting to ComTec’s data center via two types of Service delivery options defined as Dedicated and Unmanaged. Dedicated Services shall be considered MPLS, VPN, Point to Point T1, Ethernet and private line which all have the capabilities, if configured properly, to allow ComTec or Customer’s transport provider the ability to manage and control the quality of Service from ComTec’s data center (POP) to Customer’s facility. Unmanaged options shall be considered broadband, DSL and cable modem Services which do not offer quality of Service or the ability to control call flow end to end. In any case where such Unmanaged Services contribute to an unacceptable level of jitter, latency, loss of packets, echoes, and/or low Mean Opinion Scores, Customer shall be required to upgrade, at Customer’s expense, to sufficient dedicated Services that would meet or exceed the minimal quality of Service standards for delivering voice Services.

(d.)         Fax Services. The Service may not be compatible with some facsimile machines or facsimile transmission systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any facsimile Service.

1.6.      Warranty. ComTec’s provision of Service is contingent upon Customer’s proper use and care of the products and proper maintenance of the network and internetworking components, network operating environment and cabling infrastructure and proper reporting of Service issues and outages.  ComTec shall have no obligation to provide warranty, Service or maintenance in the event of:

(a.)         Network and hardware alterations, modifications, customizations, unauthorized repairs, or any additions or changes to functionality or configuration of the network architecture not certified by ComTec;

(b.)         Attachment of third party hardware or software not certified by ComTec, or use of the products in combination with any third party software, hardware or other systems not certified by ComTec;

(c.)         Misuse, accident, or damage resulting from acts of nature, neglect; abuse, intentional destruction, failure to follow prescribed maintenance procedures;

(d.)         Failure to provide and maintain the specified environmental operating conditions for the products;

(e.)         Failure to conform to Best Practices for a Voice over IP (VoIP) networked operating environment;

(f.)          Relocation of products, unless otherwise agreed in writing;

(g.)         Failure to maintain proper backup and recovery procedures;

(h.)         Failure to protect and secure such areas as external and internal threats, access and security policy issues;

(i.)          Bandwidth saturation or other resource exhaustion or outage caused by malicious traffic such as viruses, worms, Trojan horses, etc.

(j.)          Failure to maintain premise cabling, network infrastructure, internet availability;

(k.)         Failure to implement and maintain quality of service policies and carrier service level agreements resulting in performance issues such as packet loss, delay, jitter and echo;

(l.)          Failure to report to ComTec promptly any Service issues or outages by initiating a Trouble Ticket with the ComTec service department at 856-691-5111 or Support@comtecsystems.net;

(m.)        Failure to provide ComTec necessary access as needed for troubleshooting, testing or repair;

(n.)         Failure to provide ComTec password access as needed for troubleshooting, testing or repair.

1.7.         Device Warranties. Except as set forth herein, if you received the Device new from us and the Device included a limited warranty at the time of receipt, you must refer to the separate limited warranty document provided with the Device for information on the limitation and disclaimer of certain warranties. Remedies for breach of any such warranties will be limited to those expressly set forth in such documentation. If your Device did not include a limited warranty from us at the time of receipt, you are accepting the Device “as is”. You are not entitled to replacement, repair or refund in the event of any defect.

1.8.       Client consents to allow ComTec to display the Client’s logo in print or digital media and reference the Client as a customer of ComTec.

1.9.       Disclaimer. Other than warranties as to the Device expressly set forth in the documentation provided with the Device and the retail customer limited warranty expressly set forth herein, we make no warranties of any kind, express or implied, and specifically disclaim any warranty of merchantability, fitness of the Device for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance or any warranty that the Device or any firmware or software is “error free” or will meet Customer’s requirements. The foregoing will not be deemed to limit any disclaimer or limitation of warranty set forth in the documentation provided with the Device.