Info-Link Technologies, Inc: Mount Vernon, Central Ohio IT Assurance, Structured Wiring, Networking, Custom Website Design, Computer Hardware, Software, Telephone Products, IBM, Microsoft, HP, Lenovo, Cisco, Level Platforms, Business Partner, Reseller

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VoIP Terms of Service

This agreement ("Agreement") is between Info-Link Technologies, Inc. ("Info-Link Technologies, Inc. ") and you ("End User"). The Info-Link Technologies, Inc. service and any related services or products provided by Info-Link Technologies, Inc. to the End User ("Services") shall be governed by the terms and conditions herein. By activating the Services, the End User acknowledges receiving, reading and understanding this Agreement and accepts the terms and conditions herein. End User acknowledges that they are of legal age to enter into this Agreement. Should equipment not be acquired through Info-Link Technologies, Inc. , equipment terms need not apply.

1. TERMS AND CONDITIONS. The terms and conditions stated herein are in lieu of and replace any and all terms and conditions set forth in any documents issued to End User, including, without limitation, purchase orders and specifications. ANY ADDITIONAL, DIFFERENT, OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY END USER AT ANY TIME ARE HEREBY OBJECTED TO BY Info-Link Technologies, Inc. , AND ANY SUCH DOCUMENTS SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE OR SERVICE RENDERED HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON Info-Link Technologies, Inc. . No waiver or amendment to this contract or these terms and conditions shall be binding on Info-Link Technologies, Inc. unless made in writing expressly stating that it is such a waiver or amendment and signed by an officer of Info-Link Technologies, Inc. .

2. TERM. The term of this Agreement ("Term") begins on the date that Info-Link Technologies, Inc. initiates the Services and continues for the duration of the service. The End User agrees to pay for the Services for the duration of the Term. Expiration of the Term does not alleviate the End User of responsibility for paying all unpaid, accrued charges due hereunder. If the End User wishes to terminate their service within the first year of service, the End User is responsible for paying 100% of the monthly recurring and non recurring charges for the terminated services multiplied by the number of months remaining I the term commitment. Upon termination, the End User must immediately return to Info-Link Technologies, Inc. any Info-Link Technologies, Inc. equipment provided hereunder ("Equipment"), undamaged and in good working condition, in its original packaging and with its original content or otherwise will be immediately responsible for paying to Info-Link Technologies, Inc. an amount equal to the fair retail price of the Equipment.

3. CHARGES AND PAYMENTS. End User is to pay all charges invoiced to the End User's account including, but not limited to, activation fees, monthly service fees, equipment charges, toll charges and any other applicable charges. All invoices are due upon receipt. Customers will be required to provide a signed form allowing Info-Link Technologies, Inc. to either a)withdraw funds from the customer’s checking account or b) post payments to the credit card of the customer. The amount of charges will be drafted or posted to the customer account not before the 15th of the month during which the charges are billed. Disputes on accounts must be submitted by the 13th of the billing month and will be deducted from the amount drafted until the dispute is resolved and adjustments are made or the dispute is sustained.

4. CREDIT. All services and performance of work covered by this Agreement shall at all times be subjected to credit approval or review by Info-Link Technologies, Inc. . End User will provide such credit information or assurance as is requested by Info-Link Technologies, Inc. at any time. Info-Link Technologies, Inc. , in its sole discretion and judgment, may discontinue credit at any time without notice.

5. TAXES. Quoted prices do not include any customs duties, sales, use, value added, excise, federal, state, local, public utility or other similar taxes. All such taxes shall be paid by the End User and will be added to any amounts otherwise charged to End Users unless End User provides Info-Link Technologies, Inc. with an appropriate exemption certificate.

6. CHANGES TO THE AGREEMENT, SERVICES OR PLAN. Info-Link Technologies, Inc. reserves the right to make changes to the terms and conditions of this Agreement, the Services and/or the Plan ("Change of Service"). In the event of a Change of Service, Info-Link Technologies, Inc. will notify the End User at least thirty (30) days in advance of the date on which the Change of Service is to take effect ("Change Date"). Any Change of Service charges will be applied to the End User's account as appropriate, pro rata as calculated from the Change Date. End User can, within thirty (30) days of Info-Link Technologies, Inc. 's notification, send notice to Info-Link Technologies, Inc. that the End User does not accept the Change of Service, and can terminate this Agreement. In such event, End User will be responsible for any sums due hereunder in addition to any applicable disconnection fees. If the End User does not send Info-Link Technologies, Inc. notification of their desire to terminate this Agreement or uses the Services after the Change Date, the End User is deemed to have accepted and consented to the Change of Service. End User may request a Plan change at anytime, a change of service fee and other terms and conditions may apply. All Plan policies include but are not limited to the following possible charges for upgrades, downgrades or cancellations. In no case will an activation fee be credited after thirty (30) days from the initial purchase of the Services for a Plan change or cancellation. If you subscribe to Info-Link Technologies, Inc. ’s services, you shall not resell or transfer the Service to another party without our prior written consent. You are responsible for supplying, operating and supporting the standard SIP based Customer Premise Equipment for use with the Service. You are prohibited from using the Service or the CPE for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately terminate or modify your Service if we determine, in our sole and absolute discretion, that your use of the Service or the CPE is, or at any time was, inconsistent with normal usage patterns.

7. TERMINATION. Info-Link Technologies, Inc. reserves the right, at its sole discretion, to suspend, terminate or change the Services without advanced notice for any reason, including without limitation, misuse of the Services in any way, End User's breach of this Agreement, End User's failure to pay any sum due hereunder, suspected fraud or other activity by End User that adversely affects the Services, Info-Link Technologies, Inc. 's network or other end user's use of the Services. Info-Link Technologies, Inc. reserves the right to determine, at its sole discretion, what constitutes misuse of the Services and End User agrees that Info-Link Technologies, Inc. 's determination is final and binding on End User. Info-Link Technologies, Inc. may require an activation fee to change or resume terminated or suspended Services.

8. CANCELLATION, RETURNS AND ADJUSTMENTS. Customer shall be responsible for all costs related to shipping to Info-Link Technologies, Inc. any Equipment that is being returned. Any Equipment returned to Info-Link Technologies, Inc. without prior authorization for its return or proper packaging may be refused. Up to 15 days after initiation of Service, End User may terminate Service and receive a full refund for any returned Equipment, but not including any shipping costs. In order to obtain an appropriate refund, upon cancellation End User must immediately obtain a return authorization from Info-Link Technologies, Inc. , return to Info-Link Technologies, Inc. any Equipment provided hereunder, undamaged and in good working condition, in its original packaging and with its original content or otherwise will be immediately responsible for paying to Info-Link Technologies, Inc. an amount equal to the fair retail price of the equipment minus any payments End User had previously paid specifically for said Equipment. Despite any cancellation, End User is responsible for payment of all service fees and long distance charges incurred while using the service.

9. BREACH. In the event of an End User's breach of the terms of this Agreement, including without limitation, failure to pay any sum due hereunder, End User shall reimburse Info-Link Technologies, Inc. for all attorney, court, collection and other costs incurred by Info-Link Technologies, Inc. in the enforcement of Info-Link Technologies, Inc. 's rights hereunder and Info-Link Technologies, Inc. may keep any deposits or other payments made by End User.

10. INDEMNIFICATION. End User agrees to defend, indemnify and hold Info-Link Technologies, Inc. , its affiliates and its vendors harmless from any claims or damages relating to this Agreement.

11. 911 and E-911 SERVICE: Service's 911 Emergency Dialing operates differently from traditional 911 Service. In order for us to correctly route emergency calls, the Service Address we have on file for you MUST correspond to the physical location of your Info-Link Technologies, Inc. Service phone. (Customer is solely responsible and liable for immediately notifying Info-Link Technologies, Inc. in writing of any change in their physical location.) Info-Link Technologies, Inc. service is subject to an FCC requirement to provide notification of any 911 or E911 limitations that may be associated with the service provided to your company. As is the case with 911 or E911 service provided by a traditional telephone service provider, you are advised that the 911 or E911 service may not be available through the interconnected VoIP Service or may be in some way limited by comparison to traditional 911 or E911 service. You are advised that the 911 or E911 service provided by Info-Link Technologies, Inc. 1) may not function with the loss of electrical power, including the loss of power to telephone equipment or other equipment necessary to route 911 or E911 calls to the appropriate emergency call center; 2) will not function if your broadband connection is not operational; 3) will not function at a remote location or may transmit incorrect physical location information for the caller if internal users are allowed to use their IP-based phones remotely; 4) will not function if the telephone equipment or other equipment necessary to place calls is not correctly configured; 5) may not transmit the correct physical address for the 911 or E911 call due to incorrect information provided by you, use of a non-native telephone number or delays in loading or updating automatic number identification and location information into the 911 or E911 databases 6) may not be capable of being received and/or processed by an emergency call center due to the center's technical limitations; and 7) may be affected by other factors or force majeure events, such as the quality of the broadband connection and network congestion. Your signature on the Info-Link Technologies, Inc. Terms of Service will serve as your acknowledgement that Info-Link Technologies, Inc. has advised you of these potential limitations. Info-Link Technologies, Inc. will also provide labels to you that will alert users to the limitations discussed above. The FCC has suggested that these labels be placed on or near the telephone equipment associated with your Info-Link Technologies, Inc. Service. The physical location which you provided to us prior to the initiation of service and at which our service is first used by you, shall be the registered location that will be provided to the emergency call center when you place a 911 call.

12. DISCLAIMER OF CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL Info-Link Technologies, Inc. OR ITS VENDORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE 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 SERVICES OR PRODUCTS PROVIDED HEREUNDER WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF Info-Link Technologies, Inc. OR ITS VENDORS OR OTHERWISE.

13. WARRANTY AND LIABILITY LIMITATIONS. Info-Link Technologies, Inc. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL Info-Link Technologies, Inc. 's TOTAL LIABILITY HEREUNDER EXCEED THE SERVICE FEES PAID BY END USER TO Info-Link Technologies, Inc. IN THE PRIOR TWELVE (12) MONTHS FROM DATE OF CLAIM.

14. EXPORT COMPLIANCE. End User agrees to comply with U. S. Export laws concerning the transmission of technical data and other regulated materials via the Services. End User agrees to comply with applicable local, state and federal regulations governing the locality in which the Services are used.

15. NOTICES. Info-Link Technologies, Inc. communicates with End Users primarily via email. Notices to End User shall be sent to the email address specified by the End User at the time of registration for the Services or as subsequently specified by the End User ("Email Address"). End User is responsible for notifying Info-Link Technologies, Inc. of any Email Address changes. End User agrees that sending a message to the Email Address is the agreed upon means of providing notification. The Email Address is used to communicate important information about the Services, billing, changes to the Services and other information. The information is time-sensitive in nature. It is required that the End User read any email sent to the Email Address in a timely manner in order to avoid any potential interruptions in the Services provided hereunder.

16. FORCE MAJEURE. Info-Link Technologies, Inc. shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties of Info-Link Technologies, Inc. as may occur in spite of Info-Link Technologies, Inc. 's best efforts. QUANTITIES ARE SUBJECT TO AVAILABILITY. In the event of production or network difficulties or product shortages, Info-Link Technologies, Inc. may allocate sales, services and deliveries at its sole discretion.

17. GOVERNING LAW. This agreement is governed by the laws of the State of Ohio. End User acknowledges and agrees that Ohio courts have jurisdiction over this agreement and customer, that Franklin County, Ohio is an appropriate place for venue of any litigation, and that all litigation, to the extent possible, shall be in Franklin County, Ohio.