These Terms
of Service constitute the agreement ("Agreement")
between Rapid Link, Inc. ("we,"
"us" or "Rapid Link, Inc.")
and the user ("you," "user"
or "Customer") of Rapid Link,
Inc.'s Family, Residential or Business communications
services and any related products or services
("Service"). This Agreement governs
both the Service and any devices, such as
a SIP phone, Adapter, router or any other
IP connection device, ("Device"
or "Equipment") used in conjunction
with the Service. By activating the Service,
you acknowledge that you have read and understood,
and you agree, to the terms and conditions
of this Agreement, and you represent that
you are of legal age to enter this Agreement
and become bound by its terms.
1. SERVICE
1.1 Term
Service is offered on a monthly basis from
the first of the month thru the end of the
month with the exception of the month you
sign up in. Rapid Link, Inc.will prorate
your sign up month from the date your order
is fulfilled through the end of that month.
Subsequent terms of this Agreement automatically
renew on a monthly basis without further
action by you unless you give Rapid Link,
Inc.written notice of non-renewal at least
ten (10) days before the end of the month
in which the notice is given. You are purchasing
the Service for a full month term, which
means that if you terminate your service
before the end of the month you will be
responsible for the full months Service
fee, including, without limitation, unbilled
charges and a termination fee, if applicable,
which will all become immediately due and
payable. Expiration of the term or termination
of Service does not excuse the Customer
from paying all unpaid, accrued charges
due in relation to the Agreement.
1.2.1 Residential Use of Service and Device
If you have subscribed to Rapid Link, Inc.'s
Residential or Military services, the Service
and Device are provided to you as a residential
user, for your personal, residential, non-business
and non-professional use. This means that
you are not using them for any commercial
or governmental activities, profit-making
or non-profit, including but not limited
to business, sales, telemarketing (including
without limitation charitable or political
solicitation or polling), autodialing, continuous
or extensive call forwarding, fax broadcast,
fax blasting or any other activity that
would be inconsistent with normal residential
usage patterns. This also means that you
are not to resell or transfer the Service
or the Device to any other person for any
purpose, or make any charge for the use
of the Service, without express written
permission from Rapid Link, Inc.in advance.
Rapid Link, Inc.reserves the right to immediately
terminate or modify the Service, if Rapid
Link, Inc.determines, in its sole discretion,
that Customer's Service is being used for
non-residential or commercial use. Customer
will be responsible for paying the higher
rates for the periods in which your use
of the Service or the Device was inconsistent
with normal residential use as well as any
fees, including but not limited to termination
fee.
1.2.2 Business Use of Service and Device
- Prohibition on Resale
If you have subscribed to Rapid Link, Inc.'s
Business services, the Service and Device
are provided to you as a small business
user. This means that you are not to resell
or transfer the Service or Device to any
other person for any purpose, without express
written permission from Rapid Link, Inc.in
advance. You agree that the Rapid Link,
Inc.Business Plans do not confer the right
to use the service for auto-dialing, continuous
or extensive call forwarding, telemarketing,
fax broadcasting or fax blasting. Rapid
Link, Inc.reserves the right to immediately
terminate or modify the Service, if Rapid
Link, Inc.determines, in its sole discretion,
that Customer's Service is being used for
any of the aforementioned activities. Customer
will be responsible for any fees, including
but not limited to termination fee.
1.3 Lawful Use of Service and Device
While we encourage use of the Service within
the United States to other countries, Rapid
Link, Inc.does not presently offer or support
the Service to customers located in other
countries except Canada. If you relocate
the Device to a country other than the United
States or Canada and use the Service from
there, you do so at your own sole risk,
including the risk that such activity violates
local laws in the country where you do so.
You are liable for any and all such use
of the Service and/or Device by yourself
or any person making use of the Service
or Device provided to you and agree to indemnify
and hold harmless Rapid Link, Inc.against
any and all liability for any such use.
Should the removal from the United States
or Canada of the Device violate any export
control law or regulation, you will be solely
liable for such violation and agree to indemnify
and hold harmless Rapid Link, Inc.against
any and all liability for such violation.
Rapid Link, Inc.reserves the right to terminate
your Service immediately and without advance
notice if it determines that you are using
it outside the United States or Canada.
1.4 Loss of Service Due to Power Failure
or Internet Service Outage or Termination
or Suspension or Termination by Dial Thru
International
You acknowledge and understand that the
Service does not function in the event of
power failure. You also acknowledge and
understand that the Service requires a fully
functional broadband connection to the Internet
(which is not provided by Rapid Link, Inc.)
and that, accordingly, in the event of an
outage of, or termination of service with
or by, your Internet service provider ("ISP")
and/or broadband provider, the Service will
not function, but that you will continue
to be billed for the Service unless and
until you or Rapid Link, Inc.terminate the
Service in accordance with this Agreement.
A power failure or disruption may require
the Customer to reset or reconfigure equipment
prior to utilizing the Service.
1.5 Tampering with the Device or Service
You agree not to change the electronic
serial number or equipment identifier of
the Device, or to perform a factory reset
of the Device. Rapid Link, Inc.reserves
the right to terminate your Service should
you tamper with the Device, leaving you
responsible for the full month's charges
to the end of the current term, including
without limitation, unbilled charges, plus
a disconnect fee, all of which immediately
become due and payable.
1.6 Theft of Service
You agree to notify Rapid Link, Inc.immediately,
in writing or by calling the Rapid Link,
Inc.customer support line, if the Device
is stolen or if you become aware at any
time that your Service is being stolen or
fraudulently used. When you call or write,
you must provide your account number and
a detailed description of the circumstances
of the Device theft or fraudulent use of
Service. Failure to do so in a timely manner
may result in the termination of your Service
and additional charges to you. Until such
time as Rapid Link, Inc.receives notice
of the theft or fraudulent use, you will
be liable for all use of the Service using
a Device stolen from you and any and all
stolen Service or fraudulent use of the
Service.
1.7 Service Distinctions
You acknowledge and understand that the
Service is not a telecommunications service
and we provide it on a best efforts basis.
Important distinctions (some, but not necessarily
all, of which are described in this Agreement)
exist between telephone service and the
Service offering provided by Rapid Link,
Inc.. The Service is subject to different
regulatory treatment than telephone service.
This treatment may limit or otherwise affect
your rights of redress before Federal, State
or Provincial telecommunications regulatory
agencies.
1.8 No 0+ Calling; May Not Support x11
Calling.
Rapid Link, Inc.'s Service does not support
0+ calling (including without limitation
collect, third party billing or calling
card calling). Rapid Link, Inc.'s Service
may not support 311, 511 and/or other x11
(other than 911 and 411, which are provided
for elsewhere in this Agreement) services
in one or more (or all) service areas.
1.9 Incompatibility with Other Services
a) Home Security Systems - You may be required
to maintain a telephone connection through
your local exchange carrier in order to
use any alarm monitoring functions or any
security system installed in your home of
office. You are responsible for contacting
your alarm monitoring company to determine
what is needed to keep your system running
properly.
b) Certain Broadband and Cable Modem Services
- You acknowledge that the Service may not
be compatible with all broadband service
providers. You further acknowledge that
we do not warrant that the Services will
be compatible with all broadband services.
1.10 Ownership and Risk of Loss. - You
will own the Device and bear all risk of
loss, theft or damage to the Device, form
the time of shipment until the time (if
any) it is returned to us in the accordance
with this Agreement.
2. EMERGENCY SERVICES- 911 DIALING
2.1 Non-Availability of Traditional 911
or E911 Dialing Service
You acknowledge and understand that the
Service does NOT support traditional 911
or E911 access to emergency services. You
agree to inform any household residents,
guests and other third persons who may be
present at the physical location where you
utilize the Service of the non-availability
of traditional 911 or E911 dialing from
your Rapid Link, Inc.Service and Device(s).
Neither Rapid Link, Inc.nor its officers
or employees may be held liable for any
claim, damage, or loss, and you hereby waive
any and all such claims or causes of action,
arising from or relating to 911 dialing
unless it is proven that the act or omission
proximately causing the claim, damage, or
loss constitutes gross negligence, recklessness,
or intentional misconduct on the part of
Rapid Link, Inc..
2.2 Service Outage
You acknowledge and understand that if
there is a service outage for ANY reason
(power failure or disruption, ISP or Broadband
outage or termination, or suspension of
your account), such outage will prevent
ALL Service, including emergency services
dialing. Such outages may occur for a variety
of reasons, including, but not limited to
those reasons described elsewhere in this
Agreement.
2.3 Automated Number Identification
At this time in the technical development
of Rapid Link, Inc.'s service, it may or
may not be possible for the Public Safety
Answering Point (PSAP) and the local emergency
personnel to identify your phone number.
You acknowledge and understand that PSAP
and emergency personnel may or may not be
able to identify your phone number in order
to call you back if the call is unable to
be completed, is dropped or disconnected,
or if you are unable to speak to tell them
your phone number and/or if the Service
is not operational for any reason, including
without limitation those listed elsewhere
in this Agreement.
2.4 Alternative 911 Arrangements
You acknowledge that Rapid Link, Inc.does
not offer primary line or lifeline services.
You should always have an alternative means
of accessing traditional 911 services.
3. CHANGES TO THIS AGREEMENT
Rapid Link, Inc.may change the terms and
conditions of this Agreement from time to
time. Notices will be considered given and
effective on the date posted to our website
www.rapidlink.com. Such changes will become
binding on Customer, on the date posted
to the Rapid Link, Inc.website and no further
notice by Rapid Link, Inc.is required.
4. CHARGES / PAYMENTS / DEFAULT / TAXES
/ TERMINATION
4.1 Billing
You must give us a valid credit card number
(Visa, MasterCard, Discover, or any other
issuer then-accepted by Rapid Link, Inc.)
and e-mail address when the Service is activated.
Rapid Link, Inc.reserves the right to stop
accepting credit cards from one or more
issuers. If the card expires, you close
your account, your billing address changes,
or the card is cancelled and replaced owing
to loss or theft, you must advise Rapid
Link, Inc.at once. We will bill all charges,
applicable taxes and surcharges monthly
in advance (except for usage-based charges,
which will be billed monthly in arrears,
and any other charges which Rapid Link,
Inc.decides to bill in arrears) to your
credit card, including but not limited to:
activation fees, monthly Service fees, international
usage charges, advanced feature charges,
equipment purchases, termination fees and
shipping and handling charges. Rapid Link,
Inc.reserves the right to bill at more frequent
intervals if the amount due at any time
exceeds $50. Termination of Service for
declined or expired card, reversed charges
or non-payment leaves you FULLY LIABLE to
Rapid Link, Inc.for ALL CHARGES ACCRUED
BEFORE TERMINATION as well as any termination
fees and for all costs incurred by Rapid
Link, Inc.in collecting such amounts, such
as (but not limited to) collection costs
and attorney's fees.
4.2 Billing Disputes
You must notify Rapid Link, Inc.in writing
within 7 days after receiving your credit
card statement if you dispute any Rapid
Link, Inc.charges on that statement or such
dispute will be deemed waived. Billing disputes
should be sent to
4.3 Taxes
You are responsible for, and shall pay,
any applicable federal, state, provincial,
municipal, local or other governmental sales,
use, excise, value-added, personal property,
public utility or other taxes, fees or charges
now in force or enacted in the future, that
arise from or as a result of your subscription
or use or payment for the Service or a Device.
If you are exempt from payment of such taxes,
you shall provide Rapid Link, Inc.with an
original certificate that satisfies applicable
legal requirement attesting to tax-exempt
status. Tax exemption will only apply from
and after the date Rapid Link, Inc.receives
such certificate.
4.4 Termination; Discontinuance of Service.
We reserve the right to terminate your Service
at any time in our sole and absolute discretion.
If we terminate your service without a stated
reason, you will only be responsible for
charges accrued through the date of termination,
including a pro-rated portion of the final
month's charges. If your Service is terminated
due to a breach of any provision of this
Agreement, you will be responsible for the
full month's charges to the end of the current
term, including, without limitation, unbilled
charges and termination fee which will immediately
become due and payable.
4.5 Termination fee - You will be charged
a termination fee of $49.99 per device that
you cancel Service on if your Service is
terminated for any reason during the first
twelve months following the activation of
your Service.
4.6 Money Back Guarantee - We offer a 30-day
money back guarantee from the date your
service is activated. We will refund the
activation fee, your pro-rated first monthly
Service and waive the termination fee provided
that
You have not exceeded 250 minutes of usage;
You cancel your Service within the applicable
period;
You return the Device to us in original
condition within 10 days after the cancellation
of your service.
The Device is returned in the original packaging
with the UPC or bar code intact and is accompanied
by all components, accessories, parts, manuals,
and other documentation; and
Prior to returning the Device to us, you
obtain a valid return authorization number
from our customer care department at
Federal excise taxes and other applicable
taxes cannot be refunded. You will be responsible
for international charges. We reserve the
right to terminate or revoke this money
back guarantee at any time, without prior
notice.
5. WARRANTY and LIABILITY LIMITATIONS /
INDEMNIFICATION
5.1 Limitation of Liability
Rapid Link, Inc.shall not be liable for
any delay or failure to provide the Service,
including 911 dialing, at any time or from
time to time, or any interruption or degradation
of voice quality that is caused by any of
the following:
1.) act or omission of an underlying carrier,
service provider, vendor or other third
party;
2.) equipment, network or facility failure;
3.) equipment, network or facility upgrade
or modification;
4.) force majeure events such as (but not
limited to) acts of god; strikes; fire;
war; riot; government actions;
5.) equipment, network or facility shortage;
6.) equipment or facility relocation;
7.) service, equipment, network or facility
failure caused by the loss of power to Customer;
8) outage of Customer's ISP or broadband
service provider;
9) act or omission of Customer or any person
using the Service or Device provided to
Customer; or
10) any other cause that is beyond Rapid
Link, Inc.'s control, including without
limitation a failure of or defect in any
Device, the failure of an incoming or outgoing
communication, the inability of communications
(including without limitation 911 dialing)
to be connected or completed, or degradation
of voice quality.
Rapid Link, Inc.'s aggregate liability
for (i) any failure or mistake; (ii) any
claim with respect to Rapid Link, Inc.'s
performance or nonperformance hereunder
or (iii) any Rapid Link, Inc.act or omission
in connection with the subject matter hereof
shall in no event exceed Service charges
with respect to the affected time period.
5.2 Disclaimer of Damages
IN NO EVENT SHALL Rapid Link, Inc., ITS
OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES
OR AGENTS OR ANY OTHER SERVICE PROVIDER
WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION
WITH THIS AGREEMENT OR THE SERVICE BE LIABLE
FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL,
PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES,
OR FOR ANY OTHER DAMAGES, INCLUDING BUT
NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE
OR PROFITS, OR DAMAGES ARISING OUT OF OR
IN CONNECTION WITH THE USE OR INABILITY
TO USE THE SERVICE, INCLUDING INABILITY
TO BE ABLE TO DIAL 911 OR TO ACCESS EMERGENCY
SERVICE PERSONNEL THROUGH THE SERVICE. THE
LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS
FOUNDED IN BREACH OF CONTRACT, BREACH OF
WARRANTY, PRODUCT LIABILITY, TORT AND ANY
AND ALL OTHER THEORIES OF LIABILITY AND
APPLY WHETHER OR NOT Rapid Link, Inc.WAS
INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR
TYPE OF DAMAGES.
5.3 Indemnification
Customer agrees to defend, indemnify, and
hold harmless Rapid Link, Inc., its officers,
directors, employees, affiliates and agents
and any other service provider who furnishes
services to Customer in connection with
this Agreement or the Service, from any
and all claims, losses, damages, fines,
penalties, costs and expenses (including,
without limitation, reasonable attorneys
fees) by, or on behalf of, Customer or any
third party or user of Customer's Service,
relating to this Agreement, the Services,
including 911 dialing, or the Device. This
paragraph shall survive termination of this
Agreement.
5.4 No Warranties on Service
Rapid Link, Inc.MAKES NO WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS OF THE SERVICE 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 SERVICE WILL MEET CUSTOMER'S
REQUIREMENTS. WITHOUT LIMITING THE FOREGOING,
Rapid Link, Inc.DOES NOT WARRANT THAT THE
SERVICE WILL BE WITHOUT FAILURE, DELAY,
INTERRUPTION, ERROR, DEGRADATION OF VOICE
QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION.
NEITHER Rapid Link, Inc.NOR ITS OFFICERS,
DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS
OR ANY OTHER SERVICE PROVIDER OR VENDOR
WHO FURNISHES SERVICES OR PRODUCTS TO CUSTOMER
IN CONNECTION WITH THIS AGREEMENT OR THE
SERVICE WILL BE LIABLE FOR UNAUTHORIZED
ACCESS TO Rapid Link, Inc.'S OR CUSTOMER'S
TRANSMISSION FACILITIES OR PREMISES EQUIPMENT
OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION,
THEFT OR DESTRUCTION OF, CUSTOMER'S DATA
FILES, PROGRAMS, PROCEDURES OR INFORMATION
THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES
OR ANY OTHER METHOD, REGARDLESS OF WHETHER
SUCH DAMAGE OCCURS AS A RESULT OF Rapid
Link, Inc.'S OR ITS SERVICE PROVIDER'S OR
VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS
CONCERNING THE SERVICE OR DEVICE, IF ANY,
BY Rapid Link, Inc.OR Rapid Link, Inc.'S
AGENTS OR INSTALLERS ARE INFORMATIONAL AND
ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
5.5 No Warranties, or Limited Warranties,
for Devices
If Customer received the Device new from
Rapid Link, Inc.and the Device included
a limited warranty at the time of receipt,
Customer 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 Customer's Device did not include a limited
warranty from Rapid Link, Inc.at the time
of receipt, Customer agrees that it accepts
its Device "as is" and that Customer
is not entitled to replacement or refund
in the event of any defect. OTHER THAN WARRANTIES
AS TO THE DEVICE EXPRESSLY SET FORTH IN
DOCUMENTATION PROVIDED WITH THE DEVICE AND
THE RETAIL CUSTOMER LIMITED WARRANTY EXPRESSLY
SET FORTH HEREIN, Rapid Link, Inc.MAKES
NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AND SPECIFICALLY DISCLAIMS 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. DEVICE WARRANTIES DO NOT APPLY
TO BUSINESS PLUS CUSTOMERS.
5.6 No Third Party Beneficiaries
No provision of this Agreement provides
any person or entity not a party to this
Agreement with any remedy, claim, liability,
reimbursement, or cause of action or creates
any other third party beneficiary rights.
6. GOVERNING LAW / RESOLUTION OF DISPUTES
6.1 Mandatory Arbitration
Any dispute or claim between Customer and
Rapid Link, Inc.arising out of or relating
to the Service or Device provided in connection
with this Agreement shall be resolved by
arbitration before a single arbitrator administered
by the American Arbitration Association
in accordance with its Commercial Arbitration
Rules. The arbitration shall take place
in Los Angles, California and shall be conducted
in English. The arbitrator's decision shall
follow the plain meaning of the relevant
documents, and shall be final and binding.
Without limiting the foregoing, the parties
agree that no arbitrator has the authority
to: (i) award relief in excess of what this
Agreement provides; or (ii) award punitive
or exemplary damages. Judgment on the award
rendered by the arbitrators may be entered
in any court having jurisdiction thereof.
All claims shall be arbitrated individually
and Customer will not bring, or join any
class action of any kind in court or in
arbitration or seek to consolidate or bring
previously consolidated claims in arbitration.
CUSTOMER ACKNOWLEDGES THAT THIS ARBITRATION
PROVISION CONSTITUTES A WAIVER OF ANY RIGHT
TO A JURY TRIAL.
6.2 Governing Law
The Agreement and the relationship between
you and Rapid Link, Inc. shall be governed
by the laws of the State of California without
regard to its conflict of law provisions.
To the extent court action is initiated
to enforce an arbitration award or for any
other reason consistent with Section 6.1,
you and Rapid Link, Inc.agree to submit
to the personal and exclusive jurisdiction
of the courts located within the state of
California and waive any objection as to
venue or inconvenient forum. The failure
of Rapid Link, Inc.to exercise or enforce
any right or provision of the Agreement
shall not constitute a waiver of such right
or provision. You agree that regardless
of any statute or law to the contrary, any
claim or cause of action arising out of
or related to use of the Service or the
Agreement must be filed within one (1) year
after such claim or cause of action arose
or be forever barred.
6.3 Entire Agreement
This Agreement constitutes the entire agreement
between you and Rapid Link, Inc.and governs
your use of the Service, superseding any
prior agreements between you and Rapid Link,
Inc.and any and all prior or contemporaneous
statements, understandings, writings, commitments,
or representations concerning its subject
matter. No amendment to this Agreement shall
be binding upon Rapid Link, Inc.unless and
until posted in accordance with Section
3 hereof.
6.4 Severability
If any part of this Agreement is legally
declared invalid or unenforceable, all other
parts of this Agreement are still valid
and enforceable. Such invalidity or non-enforceability
will not invalidate or render unenforceable
any other portion of this Agreement.
7. PRIVACY
Rapid Link, Inc.Service utilizes, in whole
or in part, the public Internet and third
party networks to transmit voice and other
communications. Rapid Link, Inc. is not
liable for any lack of privacy which may
be experienced with regard to the Service.
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