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| 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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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 |
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| 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 |
|
$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 |
|
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| Customer
Fees |
Billing
Timing |
Payment |
Amount |
Refundable Deposit for ATA
1 Month Advance
Shipping & Handling Fees
|
At
time of order |
|
$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 |
|
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© Copyright 2004 FilAmTel, All Rights Reserved |
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