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This document is an agreement between
a Customer and Super Technologies, Inc. for communications and related
services. By activating GroovyTel Service with Super Technologies, Inc,
Customer acknowledges that Customer has read and agrees to the terms
of this Agreement. 1. SERVICE Customer authorizes Super Technologies,
Inc to verify its creditworthiness with a credit reporting agency to
determine customer's eligibility for Service. If Customer is approved
for Service, Customer agrees not to resell the Service without the expressed
written consent of Super Technologies, Inc. Customer also agrees not
to use Service for any unlawful or destructive purpose or in such a
way as to create damage or risk to Super Technologies' business, reputation,
employees, facilities, third parties or to the public in general. Customer
has no proprietary or ownership rights to or interest in a specific
phone number or phone numbers assigned to Customer by Super Technologies,
Inc. The number is not portable to any other service provider. Customers
who choose to use the Service outside the United States do so at their
own risk. Super Technologies does offer customer service to Customers
who use the Service outside of the United States. Super Technologies
does attest that the Service does work outside of the United States
in most scenarios, but does not guarantee that the Service will work
outside of the United States. B. Term The term of this Agreement depends on the plan, feature or promotion Customer selects and is described in separate subscriptions, calling plans, or rate plans in materials provided by Super Technologies, Inc. Customer agrees that it has reviewed the appropriate plan materials and fully acknowledges and agrees to the term of the Calling Plan. The term of this Agreement begins on the date that Super Technologies, Inc activates Service for the Number. Customer agrees to purchase the Service for the entire term. The term of the Service shall continue for the number of full months applicable to the term selected. If Customer attempts to terminate Service prior to the end of the term, Customer will be responsible for all charges, including without limitation, unbilled charges, which immediately become due. After the expiration of Customer's Calling Plan, Customer will be required to sign up for a new Calling Plan (it may choose from all Calling Plans that are available at that time) in order to continue receiving Service from Super Technologies, Inc. C. Unauthorized Usage Customer may not use the number for the
any illegal activity of any country that the number belongs to or the
number rings to, and must follow the law's of the local country where
the number is from or where the number is ringing in. Any Phone Number that Does not work for
more than 3 days in a Row, will NOT be charged for that particlar given
month. 2. CHANGES TO THIS AGREEMENT Super Technologies, Inc. may amend the terms of the Agreement, including all Calling Plans, with advance notice. If Customer does not agree to the amendment, Customer may terminate the Agreement by giving Super Technologies, Inc notice within 5 full business days (Monday through Friday USA CST) of the date Super Technologies, Inc notifies Customer of changes to this Agreement, and will be charged a disconnect fee. If Customer uses the Service on the fifth day after Customer has been notified and/or does not notify Super Technologies, Inc of its intent to terminate the Agreement within 5 days, Customer is deemed to have consented to the change. Any change will take effect in the next billing cycle subject to pro rata billing during the then current billing cycle. If Customer transfers to a Calling Plan having a term that is shorter than its previous Calling Plan, it may remain obligated to the previous Calling Plan, at the option of Super Technologies, Inc. 3. CHARGES / PAYMENTS / DEFAULT /
TAXES / TERMINATION Customer is responsible for paying all
charges posted to its account, including but not limited to, monthly
Service fee, setup fee, usage charges, advanced feature charges, Device
charges, shipping, and others. Charges, including disputed amounts,
must be paid by the date shown on the invoice. Super Technologies, Inc
calculates all rates at one-minute increments, rounded up to the nearest
minute, commencing upon the first use of any services being provided.
Customer agrees that (a) it would be impractical to determine the exact
amount of Super Technologies' damages if Customer fails to pay promptly,
and (b) in the event of such failure, Customer shall pay Super Technologies,
Inc the amount due. If Super Technologies, Inc accepts late or partial
payments or payments marked "Paid in Full" or similar notations,
it will not waive any of Super Technologies, Inc rights hereunder nor
will it constitute an accord or satisfaction. Super Technologies, Inc
reserves the right to charge it's Customer for bills which are back
dated for upto a period of one year, if due to some reason an error
has occurred in the billing system of Super Technologies, Inc. B. Credit Card Charges If Customer pays by credit card, it authorizes
Super Technologies, Inc. to charge the credit card account number for
Super Technologies, Inc charges that accrue during the billing cycle.
Customer reauthorizes Super Technologies, Inc to charge its designated
credit card account each time it uses Service and/or as required by
the Calling Plan Customer chooses. This authorization will remain valid
until terminated by written notice to Super Technologies, Inc. It is
expressly understood and agreed that the term for Service will automatically
renew for a similar term until such time as Customer notifies us in
writing of its intention not to renew. Super Technologies, Inc may terminate
your account at any time, in Super Technologies, Inc's sole discretion,
for declined credit cards or any other non-payment of account charges
with the understanding, however, that Customer remains fully liable
to Super Technologies, Inc for all charges accrued from usage of Service
and all charges incurred by Super Technologies, Inc due to said declines,
etc. C. Default/Termination Super Technologies, Inc reserves the right to terminate Service at Super Technologies, Inc's discretion. Super Technologies, Inc may discontinue the Service, for any reason including without limitation, if it has reason to believe that there have been attempts to hack or disrupt the system, or that the Service is being misused in any way. In the event of Customer default -- i.e. Customer does not pay any sum when due, breach any representations you made to Super Technologies, Inc, fail to perform any of your obligations set forth in this Agreement between Customer and Super Technologies, Inc, are suspected by Super Technologies, Inc of committing fraud, harming Super Technologies, Inc's network, harming Service to other customers, using Service in any way that damages Super Technologies, Inc -- Customer will reimburse Super Technologies, Inc for its attorneys' and expert witnesses' fees and costs of investigation, collection and similar expenses incurred by Super Technologies, Inc in the enforcement of any right or privilege hereunder. If this Agreement is terminated because of Customer default, Super Technologies, Inc may keep any charges or sums prepaid by Customer upon termination. Super Technologies, Inc may require reactivation charges to renew Service after termination or suspension. D. Taxes Any applicable sales, use, excise, public utility or other taxes, fees or charges imposed on Super Technologies, Inc as a result of providing the Service or a Device will be added to Customer's account when imposed or required by law. If Customer is exempt from payment of such taxes, it will provide Super Technologies, Inc with an original Tax Exempt Document. Tax exemption will only apply from the date Super Technologies, Inc receives the Tax Exempt Document. E. Device Returns in the Event of Calling Plan Termination If any Device(s) was provided to Customer in conjunction with the signing of a Calling Plan, and the Calling Plan is terminated for any reason, Customer must return the Device(s) to Super Technologies, Inc within 30 days of termination. Failure to do so will result in charging Customer's account and/or credit card the full amount of the Device. 4. LIMITATIONS Super Technologies buys numbers from
different Service Providers in the world and does not exercise powers
on the acts of these Service Providers, therefore if any Provider changes
the number which it has provided, Super Technologies will not charge
the customer for that number for that month. In any case Super Technologies
will not be responsible for any additional costs that the Customer may
incur in the form of damages or any other costs incurred due to the
change of the phone number. B. Indemnification Customer agrees to defend, indemnify, and hold Super Technologies, Inc, its affiliates and agents and any other service provider, harmless from claims or damages relating to this Agreement. This paragraph shall survive termination of this agreement. C. No Warranties on Service Super Technologies, Inc provides no warranties of any kind on the Service. Statements regarding or descriptions of the Service, if any, by Super Technologies, Inc or Super Technologies, Inc's agents or installers are informational and are not given as a warranty of any kind. 5. RESOLUTION OF DISPUTES Any dispute or claim between Customer
and Super Technologies, 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. 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 a punitive or certified
class action to arbitration or seek to consolidate or bring previously
consolidated claims in arbitration. The arbitrator shall have no authority
to award punitive damages. Customer acknowledges that this arbitration
provision constitutes a waiver of any right to a jury trial. 6. MISCELLANEOUS Customer acknowledges that the Customer is of legal age, has received a true copy of this Agreement and has read and clearly understands the terms of this Agreement. B. Privacy IP telephony utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Super Technologies, Inc is not liable for any lack of privacy which may be experienced with regard to the Service. Please refer to our Privacy Policy for additional information. Users of Groovytel agree that their contact information will be listed with Super Technologies’ affiliates. C. Notices Notices to Customer shall be sent to
the email address on file for Customer at Super Technologies, Inc and
will be considered given on the date sent by Super Technologies, Inc.
Customer is responsible for notifying Super Technologies, Inc of any
changes to its email address. Notices to Super Technologies, Inc shall
be considered given when received by Super Technologies, Inc at care@groovytel.com |
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