By subscribing to and/or using 7G Network services, you (Customer) agree to the following terms and conditions:
1. Rates and Billing. Rates and fees for 7G Network services are available at the 7G Network web site and those rates and fees are fully incorporated herein. Service fees are in addition to usage fees and represent charges for on-line enhanced data services. (Read the FAQ’s and web site descriptions for other important information on the services.) The rates and charges may be changed at any time without notice and it is up to the Customer to check the listed rates for such changes. 7G Network may post notices of any rate changes on Customer’s invoices or on the account login page. Per minute rates shown are for one minute in U.S. dollars. All calls are billed in six-second increments with a 60-second minimum except International (non- U.S. and Canada) calls that are billed in one-minute increments. All call charges are rounded up to the nearest penny. It is customer’s responsibility to make sure their ring-to numbers are working numbers with sufficient call capacity. If unanswered calls to any 7G Network number exceed 20% of Customer’s usage for that 7G Network number, 7G Network will charge a $0.06 per uncompleted call surcharge for every unanswered call in excess of 20%. Calls that are blocked by the customer on the 7G Network interface will not be counted as unanswered calls – unanswered calls subject to this surcharge are only those calls that are busy, ring-no-answer or sent to a non-working number on the ring-to number. Customer is responsible for all calls made to the 7G Network toll free and/or local numbers including but not limited to wrong number, telemarketing and fraud calls. All charges for services will be debited to the credit card provided by Customer. Payment for non-credit card, non-EFT accounts is due as provided in the 7G Network Credit Application or 10 days after invoice whichever is sooner. If the credit card or other form of payment is denied, or if the account is otherwise past due, service may be disabled immediately and terminated if the payment is not made within three days of the due date or date upon which the credit card/EFT charge was attempted. 7G Network shall not be liable for any accounts suspended or terminated for non-payment. Numbers on past-due, suspended, or terminated accounts cannot be ported. Any dispute or billing discrepancy must be submitted in writing via an email to 7G Network within 60 days of Invoice. Customer agrees to pay interest at 18% per annum, or the maximum amount allowed by law, on overdue charges plus reasonable cost of collections, including legal fees. Processing charges may apply if a payment is declined ($10 per credit card decline, $20 per returned EFT and $25 per returned check). Service will be rendered subject to credit approval by 7G Network. Customer’s application for service, via the Internet, by fax or mail or Customer’s use of 7G Network service attests to Customer’s agreement to pay invoices within the stated terms and conditions and Customer’s agreement with the terms and conditions herein.
2. 7G Network has no control over the content of the information transmitted through its accounts. 7G Network does not (i) represent or endorse the accuracy or reliability of any opinion, advice or statement made through a 7G Network account, (ii) assume any liability for any harassing, offensive or obscene material distributed or received through a 7G Network account, or (iii) assume any liability for any material distributed through a 7G Network account which is distributed in violation of any third party’s copyright or other intellectual property right.
3. Use of Service. The Services may not be used for unlawful purposes and Customer agrees to comply with all applicable laws, regulations, or conventions including but not limited those related to data privacy, international communications, exportation of technical or personal data, junk fax and Do Not Call regulations. Customer is expressly prohibited from using the Services to transmit any unlawful, harmful, threatening, harassing, abusive, libelous, vulgar, obscene, profane, hateful, or otherwise objectionable information of any kind, including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, state, national or other law. Customer may not use the Services to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of such right by holder. Customer agrees not to use the service in any way that would interfere or impact 7G Network’s network or service to other customers. 7G Network reserves the right to suspend and/or terminate accounts for excessive busy/failure rates, if Customer’s use of service adversely impacts 7G Network’s network or other customers or if Customer uses the service for in any unlawful, fraudulent, or harassing manner. Further 7G Network reserves the right to terminate/suspend and/or refuse service to any Customer that 7G Network finds morally objectionable or abusive to 7G Network’s staff. 7G Network will not disclose customer information to 3rd parties unless it has a good faith belief that such disclosure is necessary to comply with Court Order, Search Warrant, FCC regulations, or other legal process served upon 7G Network.
4. 7G Network will not be liable for any claim that arises out of its acting as a Responsible Organization, or where the 7G Network service is not available after 7G Network’s acceptance of this order, or where Customer is provided with a number(s) other than one(s) committed by 7G Network. It is the responsibility of the Customer to check the 7G Network number(s) to make sure they are assigned to the Customer’s account, they route to the proper ring-to number(s), and are working before advertising such number(s). Under no circumstances shall 7G Network be responsible for consequential, indirect, direct, or special damages, (lost profits, marketing costs or otherwise) that result from interruptions of services, outages or inability to use services, lost recordings/voicemails/faxes and in any such event 7G Network’s sole liability shall be to provide credit equal to the charges for the affected calls/services. The International numbers and local 7G Network numbers may not support Fax and data transmissions at all times.
5. LIMITATION OF LIABILITY. As a material inducement for 7G Network to provide the services hereunder, Customer agrees that UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL 7G NETWORK OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. In the event of 7G Network’s failure to provide service or provision of unsatisfactory service, for any reason whatsoever, 7G Network’s sole liability shall be to provide credit equal to the charges for the affected calls/services.
6. 7G NETWORK MAKES NO EXPRESS OR IMPLIED WARRANTIES TO CUSTOMER AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF THE GOODS OR SERVICES PROVIDED. 7G NETWORK EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.
7. Toll Free Number Portability. Any toll free phone number ported in by the Customer for use with the Service may incur a one-time activation charge of $30, though some or all of this charge may be waived at the sole discretion of 7G Network.
Toll free phone number(s) ported in by the Customer for use with the Service remain the property of the Customer and may be ported to another carrier of the Customer’s choosing as long as the Service remains active for the duration of the porting process. If the Customer cancels one or more ported-in toll free phone numbers from their Service or terminates the Service in whole prior to porting toll free phone numbers away, any canceled toll free phone numbers may not be available to port away as they may be released to the SMS/800 pool of spare toll free phone numbers or re-assigned to new 7G Network customers. It is the Customer’s responsibility to complete, prior to cancellation, the porting away of any ported-in toll free phone numbers the Customer wishes to retain as their property.
Toll free phone numbers provided by 7G Network for use with the Service, however, are included as an integral component of the Service as a bundled service that includes the toll free phone number(s), and may include virtual automated attendant, Internet faxing capabilities, voicemail storage and access, call reports, and other related services. These toll free phone numbers are controlled by third-party toll free Responsible Organizations (“Resp Orgs”) and 7G Network remains both the end-user customer of said Resp Orgs and the “Toll Free Subscriber” with respect to these toll free phone numbers. As such, toll free phone numbers provided by 7G Network for use with the Service do not become the property of the Customer and their portability is not guaranteed.
8. INDEMNIFICATION. Customer shall defend, indemnify and hold harmless 7G Network, its officers, directors, employees and agents from any breach of this Agreement, use of Customer’s account or in connection with the placement or transmission of any message, information, software or other content using the Services. 7G Network shall give written notice of any such claim, action or demand within a reasonable time. 7G Network shall be defended by attorneys of their choice at Customer’s expense.
9. The headings of the sections of this Agreement are inserted solely for convenience and are not intended to be part of, or affect the interpretation or meaning of this Agreement.
10. LAW AND ARBITRATION. This Agreement shall be governed by and construed in accordance with California State law. Any controversy or claim between the parties arising out of or related to this Agreement shall be settled by arbitration before a single arbitrator under the American Arbitration Association (“AAA”) Commercial Arbitration Rules and Mediation Procedures. The arbitration shall be held in Santa Barbara, California. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in any court having jurisdiction thereof. Provided however, 7G Network may, at its sole option, bring a collection suit for any unpaid amount owed by Customer, in court in any state that has personal jurisdiction over Customer (residence state or state where customer is doing business).
11. SEVERABILITY. If any provision or portion of this Agreement shall be held invalid under any applicable laws, such invalidity shall not affect any other provision of this Agreement that can be given effect without the invalid provision or portion, and, to this end, the provisions or portions hereof are severable.
12. NO WAIVER. The failure of either party at any time, or from time to time, to require performance of any obligation under this Agreement shall in no manner affect the right of either party to enforce any provision of this Agreement at a subsequent time and shall not be construed as a waiver of any subsequent breach of that same provision.
13. Customer agrees that service is provided for one year terms, unless otherwise agreed upon at the sole discretion of 7G Network. After the Initial Term, this Agreement will automatically renew for successive periods of one year each at our rates then in effect for your Services unless either party notifies the other in writing, prior to the last sixty (60) days of the then-current Term, of the intent not to allow this Agreement to renew for a successive Term. However, even after termination of this Agreement for Services ordered for the original location(s) covered by this Agreement, the Terms and Conditions of this Agreement will automatically extend to cover any remaining Terms or Service Agreements for any additional Services to additional Service Locations wh expired. The Term of any such additional Service Agreements shall be subject to the same automatic renewal and termination notice provisions as are contained in these Terms and Conditions. If either party gives the other party the required notice of a decision not to allow the Agreement or the Term of any additional Services to additional Service Locations to renew at the expiration of a Term, actual termination of Services will not occur until the later of the end of the then-current Term or sixty (60) days after receipt of that notification. If you elect to terminate the Agreement or any orders for Services before the installation of the Services, you must do so in writing, and you shall pay to 7G NETWORK, as a termination charge, an amount equal to: (1) the non-recurring charges applicable to the Services, even if initially waived, unless those charges have already been paid.
ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO ANY SPECIFIC 7G NETWORK SERVICE OR PRODUCT MAY BE FOUND ON THE WEB SITE AND ARE INCORPORATED HEREIN AS IF FULLY SET FORTH FOR THAT SERVICE OR PRODUCT.