This agreement ("Agreement") is by and between "CLIENT", located at "CLIENT ADDRESS", hereinafter referred to as ("Customer") and FilAmTel Corporation, hereafter referred to as “FilAmTel”, an international corporation providing internet communication services ("Service"). By activating the Service with FilAmTel, Customer acknowledges that Customer has read and agrees to the terms of this Agreement.
 

1. SERVICE

a. Use of Service

Customer authorizes FilAmTel 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 FilAmTel. Customer also agrees not to use Service for any unlawful or abusive purpose or in such a way as to create damage or risk to FilAmTel's business, sales agents, representatives, 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 ("Number") assigned to it by FilAmTel, and acknowledges that the number is not portable to any other service provider.

b. Term & Termination

The Term of this Agreement and Service is a minimum of 6 months. Customer agrees to purchase the Service for the entire term of this Agreement. The term of this Agreement begins on the date that FilAmTel activates the Service for the Number. After the expiration of the minimum Term, this Agreement will automatically renew for successive periods of 6 months unless Customer provides written notification to FilAmTel 60 days prior to the expiration of the minimum Term. If Customer attempts to terminate Service prior to the end of the term, Customer will be responsible for all charges, including and without limitation to, unbilled charges monthly recurring charges for the number of months left in the minimum Term of this Agreement. All such charges shall be immediately due in addition to a $50.00 disconnection fee and the return of any equipment provided in conjunction with the Service.

c. Calling Plan

Customer will specify which Calling Plan ("Calling Plan") is being subscribed to under this Agreement by making a selection between the “Call America Plan” and the “Call Asia Plan”. Customer acknowledges that it has reviewed the Calling Plan and Pricing and fully agrees to the terms and conditions of the Calling Plan.

d. Unauthorized Usage

The term "Device", as used herein, refers to an analog to IP telephony gateway that is used in conjunction with Service. Customer may not program the Number into any equipment or infrastructure in, or on which the Number is intended or used as the origination or destination of a communication other than the Device that was provided by FilAmTel. Customer may not change the electronic serial number or equipment identifier of the Device. If the Device is stolen or Service is fraudulently used, Customer must immediately notify FilAmTel and provide such documentation and information as FilAmTel may request which includes, but is not limited to, a copy of a filed police report. Customer agrees to cooperate with FilAmTel in any fraud investigation and to implement any fraud prevention measure FilAmTel prescribes. Failure to provide reasonable cooperation will result in Customer’s liability for all fraudulent usage.

e. Device Return Policy

The Device provided with the Service is owned by FilAmTel and Customer agrees to retain original packaging and contents, and keep the Device undamaged and in good working condition. If Customer receives cartons and/or Devices that are visibly damaged, Customer must note the damage and inform FilAmTel or its sales representative immediately. Customer must keep the original carton, all packing materials and parts intact for return to FilAmTel upon the termination or expiration of this Agreement. In the event Customer fails to return a properly package Device in good working order upon the termination or expiration of this Agreement Customer’s account will be charged $50.00.

 
2. CHANGES TO THIS AGREEMENT

FilAmTel 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 without penalty by giving FilAmTel notice within 5 calendar days of the date FilAmTel notifies Customer. If Customer uses the Service on the fifth day after Customer has been notified and/or does not notify FilAmTel of its intent to terminate the Agreement, Customer is deemed to have consented to the change.
 
3. CHARGES / PAYMENTS / DEPOSIT / DEFAULT / TAXES

a. Billing, Payment of Charges and Deposit

Customer agrees that it will provide six post-dated checks for monthly payments that will be payable on the first day of each month. Official receipts will be issued upon request.

Customer is responsible for paying all charges posted to its account, including but not limited to, monthly Service fees, subscription fee, usage charges, advanced feature charges, Device charges, shipping, taxes and other charges. Charges, including disputed amounts, must be paid by the date shown on the invoice. Customer agrees that (a) it would be impractical to determine the exact amount of FilAmTel's damages if you fail to pay promptly, and (b) in the event of such failure, Customer shall pay FilAmTel the amount due plus liquidated damages of one and one-half percent (1.5%) per month (or any portion thereof) of any amount unpaid when due. Liquidated damages shall be eliminated or reduced to the extent permitted by applicable law. If FilAmTel accepts late or partial payments or payments marked "Paid in Full" or similar notations, it will not waive any of FilAmTel's rights hereunder nor will it constitute an accord or satisfaction. FilAmTel reserves the right to bill and collect weekly if the amount due in any point of a month is greater than $50.00.

Customer agrees to provide FilAmTel with a Deposit at the time of executing this Agreement in the amount of $150.00. Said Deposit will be held as security for any late fees due for Service(s) and for any equipment provided by FilAmTel including the Device so long as FilAmTel is providing Service to the Customer.

b. Default/Termination

FilAmTel reserves the right to terminate Service at FilAmTel's discretion. FilAmTel 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, breaches any representation made to FilAmTel, fails to perform any of its obligations set forth in this Agreement between Customer and FilAmTel, is suspected by FilAmTel of committing fraud, harming FilAmTel's network, harming Service to other customers, using Service in any way that damages FilAmTel -- Customer will reimburse FilAmTel for its attorneys' and expert witnesses' fees and costs of investigation, collection and similar expenses incurred by FilAmTel in the enforcement of any right or privilege hereunder. If this Agreement is terminated because of Customer default, FilAmTel may keep any charges or sums prepaid by Customer upon termination. FilAmTel may require reactivation charges to renew Service after termination or suspension.

c. Taxes

Any applicable sales, use, excise, public utility or other taxes, fees or charges imposed on FilAmTel 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 FilAmTel with an original Tax Exempt Document. Tax exemption will only apply from the date FilAmTel receives the Tax Exempt Document.

d. Device Return in the Event of Calling Plan Termination


If any Device(s) was provided to Customer in conjunction with the signing of a Terms of Service agreement, and the Calling Plan is terminated for any reason, Customer must return the Device(s) to FilAmTel within 5 days of termination. Failure to do so will result in forfeiture of entire security deposit.
 
4. LIMITATIONS

a. Limitation of Liability

FilAmTel's nonperformance hereunder shall be excused and FilAmTel shall not be liable if caused by act or omission of an underlying carrier; equipment, network or facility failure; equipment, network or facility upgrade or modification; acts of God; strikes; fire; war; riot; government actions; equipment, network or facility shortage; equipment or facility relocation or causes beyond FilAmTel's control, including without limitation the failure of an incoming or outgoing call, including a 911 emergency call to be connected or completed, or degradation of voice quality. FilAmTel's liability for any failure or mistake shall in no event exceed Service charges during the affected period. FilAmTel is not liable for any incidental or consequential damages of any type.

b. Indemnification

Customer agrees to defend, indemnify, and hold FilAmTel, 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

FilAmTel provides no warranties of any kind on the Service. Statements regarding or descriptions of the Service, if any, by FilAmTel or FilAmTel's agents or installers are informational and are not given as a warranty of any kind.
 
5. RESOLUTION OF DISPUTES

a. Mandatory Arbitration

Any dispute or claim between Customer and FilAmTel 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 Bar Association of local jurisdiction 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.

b. Cost of Arbitration

All administrative fees and expenses of arbitration initially will be divided evenly between Customer and FilAmTel. In all arbitrations, each Party will bear the expense of its own counsel, experts, witnesses and preparation of evidence in arbitration. The prevailing Party shall be awarded all attorneys' fees and costs attendant to each arbitration proceeding. The decision of the Arbitrator shall be final. The location of arbitration shall be Makati, Philippines, unless otherwise agreed to by both Parties in writing.
 
6. MISCELLANEOUS

a. Signing Authority and Corporate Authorization:

Customer and FilAmTel agree that each party represents and warrants to the other that the designated representative and signatory to this Agreement are duly authorized and that this Agreement is deemed as an official corporate action which shall be binding upon both parties. 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. FilAmTel is not liable for any lack of privacy that may be experienced with regard to the Service. Please refer to our Privacy Policy for additional information.

c. Notices

Notices to Customer shall be sent to the email address on file for Customer at FilAmTel and will be considered given on the date sent by FilAmTel. Customer is responsible for notifying FilAmTel of any changes to its email address. Notices to FilAmTel shall be considered given when received by FilAmTel at notices@filamtel.com
 
 
 
Billing Schedule = Call America Plan
 
Customer Fees Billing Timing Payment Amount
Refundable Deposit for ATA
1 Month Advance
Shipping & Handling Fees

At time of order
Paypal


$50.00
$89.00
$29.00
$168.00

Refundable Deposit for ATA
1 Month Advance
1 Month Deposit
Shipping & Handling Fees

At time of order
Cash, Money Order

$50.00
$89.00
$89.00
$29.00
$257.00


Monthly Recurring Charge (MRC)
(begins 2nd month of service)
 
1st day of each month Cash, Money Order, Post Dated Checks,PayPal $89.00

Virtual Telephone Number (optional)
(each one)

 
1st day of each month Cash, Money Order, Post Dated Checks,PayPal $10.00

Additional Lines (optional)
(each one)

1st day of each month Cash, Money Order, Post Dated Checks,PayPal $79.00
 
Billing Schedule = Call Asia Plan *Coming Soon....
 
Customer Fees Billing Timing Payment Amount

Refundable Deposit for ATA
1 Month Advance
Shipping & Handling Fees


 
At time of order
Paypal

$50.00
$129.00
$29.00
$208.00


Refundable Deposit for ATA
1 Month Advance
1 Month Deposit
Shipping & Handling Fees

At time of order Cash, Money Order
$50.00
$129.00
$129.00
$29.00
$337.00


Monthly Recurring Charge (MRC)
(begins 2nd month of service)
 
1st day of each month Cash, Money Order, Post Dated Checks,PayPal $129.00

Virtual Telephone Number (optional)
(each one)

 
1st day of each month Cash, Money Order, Post Dated Checks,PayPal $10.00

Additional Lines (optional)
(each one)

1st day of each month Cash, Money Order, Post Dated Checks,PayPal $79.00