Phone Systems Lake Ozark MO

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Telecom Terms of Service

Telecom Terms of Service Notice

ElectSys Tech LLC provides the following Terms of Service ("Terms") to our Customers for the use of our Telecom services further described as ("Services"). The present Terms shall govern all Telecom Services provided by the Company to its Customers.

Please read the Terms prior to using the Services. By accessing and using the Services, opening an account, signing up with the Company or using its customer service, Customers agree to be legally bound by these Terms. If you do not agree with these Terms, please do not use the Services. Any violation of these Terms may result in immediate action by the Company including, but not limited to, legal action and/or suspension or termination of the Customer's account and/or Services. If you have any questions or concerns about this privacy notice, or our practices with regards to your personal information, please contact us at info@electsys.tech

For these Terms, "Company" shall refer to ElectSys Tech LLC its subsidiaries, agents, employees, associates, partners, and any person working with or for the Company and its subsidiaries, and "Customer"shall refer to the person or entity, as well as its contractors, agents, employees, associates, shareholders, partners, or associates, using the Services

Table of Contents

1. Account

2. Rates

3. Billing and Payment

4. Customer Responsibilities

5. Telemarketing and Short Calls

6. Personal Information

7. Intellectual Property and Copyrights

8. Secure and Proper Use of Services

9. Recordings and Transcriptions

10. Warranties and Limitations on Liability

11. General Provisions

12. Emergency Communications

1. Account

Account Opening

ElectSys LLC reserves the right to vet new accounts to ensure usage of Services do not violate current FCC and USAC regulation.

Customer agrees Services will not be used for Telemarketing without written approval from ElectSys Tech LLC.

Customer agrees to set ONLY valid CallerID/ANI Identification on all outbound calls.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

Customer agrees to allow Company to act as their agent for number porting

Account Closure

The Company reserves the right to close any Customer’s account if it remains inactive for a period of twenty-four (24) consecutive months. If an account is flagged as inactive, the Company will notify via email the Customer registered as owner of the account that the inactive account will be closed if no activity is recorded or if the owner does not contact the Company within thirty (30) days of the email notification. If no appropriate action is taken by the Customer, the inactive account will be closed. The Company shall not be liable for any losses or damages incurred as a result of the closure of an account due to inactivity.

The Company reserves the right to proceed to the closure of any account which exceeds (90) days delinquency. A 15-day notice shall be sent to the Customer prior to the closure of its account. At the expiration of such 15 day notice, if the Customer’s account still provides a negative balance and no further action has been taken by the Customer with the Company to rectify such default, the account will be closed and all of the Customer’s existing services linked to such closed account shall be disconnected or repurposed.

The Company has a zero-tolerance approach for SPAM and Spam on the Internet via Telephony (SPIT) by Customers. Complaints for unsolicited messages are dealt with quickly and firmly, and may result, at the Company’s sole discretion, in the suspension or cancellation of the account of any Customer involved in such activities.

The Company reserves the right to discontinue its Services to Customer permanently at any time through sale, merger or acquisition of Company.

The Customer has a right to port their existing phone number to another Service Provider and Company will not delay, obstruct or deny a Port Out request by demanding information beyond the minimum needed to validate a Port Out request.

2. Rates

Rates:

All rates given to Customers are valid only (30) days from when they are issued. The Company only guarantees such rates to that extent. The Customer must always verify applicable rates before using Services.

All rates quotes are Tax & Regulatory Fees Excluded

Flat Rate Plans:

Unlimited Line and/or Station plans include calling ONLY to the Lower 48 States. Calls to free conference exchanges such as 712 or 641 are not included.

Unlimited Line plans include the use of (1) simultaneous channels.

Unlimited Station plans include the use of (2) simultaneous channels.

Services Rates include Caller ID Name and Number, Outbound Caller ID Name, E911, Disaster Recovery to a phonen number of your choice.

Toll Free Termination is not included in any Unlimited Service and does not include Canadian routing unless specified.

Porting Relay:

The Customer agrees to not purchase phone numbers from the Company with the sole intention to port them out to another service. If such activity is identified, the Company reserves the right to charge a port-out fee of $29.00 USD per number removed from the Company’s network in this manner.

Porting Fees:

Company reserves the right to charge a $5 USD per phone number ported in/out of Services

Company reserves the right to charge a $50 USD for a port cancellation once the order has submitted to the carrier or for a snap back request

3. Billing and Payment

Billing Terms:

Company offers billing terms of Net 30 to all vetted accounts.

Billing Cycles may be monthly, quarterly or annually based on Customer preference. Billing runs with the calendar months.

Refund Policy:

Mid-month cancellation of service will result in a prorated invoice that is prorated to the day. No Refund will be issued.

Unused Services does not quality for a refund.

Services Outages due to underlying carrier issues, premise internet/power outages, premise equipement failure or otherwise acts of God do not qualify for a refund.

Automatic Billing:

The Company provides its Customers with an Automatic Billing feature, which may be used by a Customer for any or all Services. Automatic billing is only available to customers meeting a minimum threshold of $50.00 USD. By its use of the Automatic Billing feature, the Customer authorizes the Company to charge the payment method linked to its account. If the Customer’s payment method is declined or payment cannot otherwise be collected by the Company, the Customer’s use of the Services may be impacted and a notice to this effect will be sent to the Customer. The Company shall deploy commercially reasonable efforts to ensure that the Automatic Billing feature functions properly, without guarantee.

Credit Card Payments: Incur a 3.5% merchant fee

4. Customer Responsibilities:

ID accuracy:

The Customer agrees to configure the CallerID or Automatic Number Identification to ensure accurate correspondence with them, without creating any confusion with another person. More specifically, the Customer agrees not to falsely assume the identity of another person.

Non-Interconnected VOIP Services

Customer acknowledges that it is responsible for all use of non-interconnected VoIP services under its account and that it shall be responsible for anyone that has access, authorized or not, to the Customer’s account. A non-interconnected VoIP service is defined by the Federal Communications Commission as a service that enables real-time voice communications that originate from or terminate to the user’s location using Internet protocol or any successor protocol; and requires Internet protocol compatible customer premises equipment; and does not include any service that is an interconnected VoIP service.

Traceback Requests:

When a duly authorized administrator of the US Telecom’s Traceback Group (the “ITG”) issues a request to provide information on suspicion of robocalls that have been received by a downstream provider (a “Traceback Request”), the Customer must include in its response to the Company its role in the calls as well as the source of the problematic robocalls, to the best of its knowledge. Customer agrees to promptly respond to the Traceback Request in good faith and offer its full collaboration to the Company and the ITG, without requiring a subpoena or any other formal request.

5. Telemarketing and Short Calls

Telemarketing:

The Customer agrees that, if it wishes to use inbound or outbound Services for telemarketing purposes of any nature, including but not limited to automated dialers, call centers, collection agencies, dialer traffic, ringless voicemail and polls, such use must be pre-authorized by the Company. If the Customer fails to secure the necessary authorization before initiating telemarketing activities, Company reserves the right to take immediate action. ElectSys Tech LLC may, at its sole discretion, suspend the Customer's telemarketing-related use of the Services, including any associated direct inward dialing (DID) numbers, without prior notice. ElectSys Tech LLC shall not be held liable for any damages or losses incurred by the Customer as a result of the suspension or termination of telemarketing-related services due to unauthorized use. The Customer acknowledges these terms are in place to ensure compliance with relevant laws and regulations governing telemarketing activities and to protect the integrity of the Services provided

Short Calls:

Any Customer wishing to use the Services for short duration calls (“Short Calls”) must be pre-authorized by the Company. Short Calls include, without limitations, calls carrying signal for less than 6 seconds. To obtain this authorization, the Customer must communicate with the Company. ElectSys Tech LLC reserves the right, at its sole discretion, to deny authorization for the use of Services for Short Calls and is under no obligation to grant such authorization and may decline without providing a reason. When Short Calls are authorized, standard Rates do no apply. A custom contract must be agreed upon by Customer and Company.

6. Personal Information:

Use of Personal Information:

The Company does not sell your personal or corporate information to third parties. The Company will only communicate personal or corporate information to a 3rd party as required by government request, or to interconnected Service Providers for the purposes of security or repair of the Services. We aim to protect your personal and corporate information through both organizational and technical security measures.

Customer acknowledges that the Company cannot and will not conduct continuous surveillance of the Customer and third-party use of the Services.

Login Portals:

Customers are responsible for the safekeeping of their login and password information for portals such as PBX management and Payment Portals. If this information is lost or given to any other party in any way, the Customer understands that it is solely responsible for any damages that may arise. In the event a Customer suspects that a third-party has gained access to his password, the Customer must immediately change his password using the appropriate functions of the Customer portal interface of the Services. Company recommends enabling two-factor authentication on all portals where it is supported.

7. Intellectual Property and Copyrights:

Company's Intellectual Property

Unless otherwise specified in writing, all materials, technology or information that are part of the Services or are provided to the Customer through use of the Services or the Company’s Web site are owned, controlled, or licensed by the Company, form part of the Company’s intellectual property and cannot be used without authorization. The Customer does not acquire any ownership rights by using the Services.

Music Broadcasting:

Customers using the Services to broadcast music through features such as Music-on-Hold or Calling Queue are responsible to ensure that they own or dispose of the proper rights and licenses to broadcast such music. The Company does not own any rights or licenses to broadcast music, but only provides a feature for the Customer to do so. CUSTOMER WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY FROM ANY AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS DIRECTLY OR INDIRECTLY RELATED TO ANY MUSIC BROADCASTING BY THE CUSTOMER.

Consent to Receive Communications:

When opening an account with the Company, Customers are asked to provide their contact information. As a result, Customers automatically consent to receive communications from the Company by way of phone call, mail, email or text message. These communications are sent to Customers for informational or support purposes and may include security notifications, account balance information, service changes, rate changes, etc. Customers may at any time opt-out of receiving communications from the Company by texting STOP to 573-569-4200. In doing so, however, the Customer’s use of the Services may be affected.

Customer Feedback:

The Company encourages its customers to make voluntary contributions such as suggestions, comments or requests for assistance via email, telephone or chat. When Customers make such voluntary contributions, they acknowledge that the Company has no control over the nature and type of information they choose to provide. Accordingly, Customers agree that the Company may collect such information in connection with its Services and process it in accordance with these Terms and its Privacy Policy. The Company recommends that Customers do not voluntarily provide sensitive personal information to the Company. If Customers choose to enter sensitive information, they expressly consent to the collection, use and disclosure of such information by the Company in accordance with these Terms and the Privacy Policy. Further Customer agrees that such feedback shall become the exclusive property of the Company.

8. Secure and Proper Use of Services

The Company's services my not be used for central station monitoring of burglar, fire alarm, or elevator car phones.

Unlimited Line and/or Station usage that exceeds three thousand five hundred (3,500) inbound or outbound minutes per month may be considered non-typical usage and forfeits the terms of service for unlimited service.

Phone number operating in Disaster Recovery mode for more than (30) days may incur additional cost.

Texting

A Customer looking to send SMS/MMS traffic in the United States, regardless of the nature of the messaging traffic, must register its business and campaign with US operators at The Campaign Registry. Unregistered messaging traffic may be subject to filtering, blocking and fines. To initiate the process, please contact the Company.

A Customer using SMS/MMS Services in the United States, must abide by the TCPA one-to-one consent regulations by obtaining and recording Opt-In consent from each consumer and providing an Opt-Out option.

Security of the Services:

Company provides best effort security policies and technology to avoid exploitation of Services. This includes, PBX dialing restrictions and interactive firewall, edge IP router Geo/Security Policies, daily spend limits and carrier based fraud detection heuristics. Customers are forbiden to remove or tamper with premise based security safeguards. Customers acknowledge that this process is a preventive security measure and will not hold the Company accountable for any inconvenience, financial loss or other damages directly or indirectly related thereto.

9. Recordings and Transcriptions

Call Recordings:

The Company offers its Customers the possibility to record their phone conversations, at their sole discretion. Customers acknowledge that the laws regarding notification requirements, legality and use of such recorded conversations vary from one jurisdiction to another. A Customer using a call recording feature warrants that it will comply with the restrictions of the jurisdiction(s) in which the call is recorded and is solely and entirely responsible for such compliance. The Company shall not be liable for any claim related to call recordings, and Customers agree to release, indemnify and hold harmless the Company from and against all claims, damages or liabilities of any kind related directly or indirectly to the recording of any phone conversation using the Services.

Call Transcription:

By using a call transcription feature, the Customer acknowledges that the Company may use any third-party service provider to render the transcription Services or part thereof, and that the Customer’s data may be communicated to, hosted by, and used by such third-party service provider to provide the transcription Services to the Customer. By requesting and using a call transcription feature provided by the Company, the Customer represents to the Company that it has obtained the consent of any conversation partner to its use and warrants that the use of such feature is in accordance with applicable laws and regulations in the Customer’s jurisdiction. The Customer agrees and covenants that the Company will not be held liable for and any all claims, damages, loss or fees arising directly or indirectly out of Customer’s use of the transcription Services. The Customer further agrees (i) that he will be bound by legal and technical limitations of services from said third-party service provider, and (ii) that third-party service provider mays host and process Customer’s data in another country.

10. Warranties and Limitations on Liability

Services

The Company will provide the Services using a commercially reasonable level of skill and care, in material compliance with applicable laws and otherwise subject to the conditions of these Terms.

NOTWITHSTANDING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE CUSTOMER EXPRESSLY AGREES THAT THE COMPANY PROVIDES ITS SERVICES ON AN “AS IS” BASIS (NOTABLY DEPENDING ON THE CUSTOMER’S LOCATION, INTERNET SERVICE PROVIDER AND THE DESTINATION OF ITS CALLS) WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO THE TERMS). WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS, NOR ANYONE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICES WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, UNCORRUPTED, ACCURATE, RELIABLE, COMPLETE, CURRENT, TIMELY, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PAGES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE FROM VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE ABOVE, THE CUSTOMER ACKNOWLEDGES THAT THERE ARE INHERENT LIMITATIONS TO THE SECURITY OF THE INTERNET, THAT PACKET OF INFORMATION MAY BE INTERCEPTED OR CORRUPTED DURING THE PROVISION OF THE SERVICES AND THAT THIRD PARTIES MAY BE EAVESDROPPING USING VARIOUS DECRYPTION MEANS, OR ATTEMPT TO INTRODUCE MALWARE THROUGH THE SERVICES.

THE COMPANY EXPRESSLY DISCLAIM ANY WARRANTY THE SERVICES WILL BE FREE OF SPAM AND/OR SPIT FROM THIRD-PARTY USERS.

Damages:

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE ELECTSYS TECH LLC PARTIES BE HELD LIABLE TO THE CUSTOMER FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO ANY AND ALL LIQUIDATED DAMAGES, PENALTIES, LOST OR ANTICIPATED PROFIT, LOST DATA AND LOSS OF BUSINESS ARISING FROM THE USE OF THE SERVICES, WHETHER OR NOT THE ELECTSYS TECH LLC PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE ABOVE. ELECTSYS TECH LLC PARTIES SHALL NOT BE LIABLE, IN ANY CASE, FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SERVICES IN VIOLATION OF ACCEPTABLE USE AS OUTLINED IN THESE TERMS AND CONDITIONS, UNDER ANY LEGAL THEORY.

Third Party Claims:

CUSTOMERS AGREE TO HOLD HARMLESS THE ELECTSYS TECH LLC PARTIES FROM AND AGAINST ALL THIRD-PARTY CLAIMS AND ACTIONS BROUGHT AGAINST THE ELECTSYS TECH LLC PARTIES ARISING OUT OF THEIR USE OF THE SERVICES OR THAT OF ANY PERSON THEY PROVIDE ACCESS TO USE THE SERVICES AND/OR THEIR BREACH OR ALLEGED BREACH, OR THAT OF ANY PERSON THEY PROVIDE ACCESS TO USE THE SERVICES, OF ANY TERM, CONDITION, OBLIGATION, REPRESENTATION OR WARRANTY IN THESE TERMS, INCLUDING BY PAYING ALL ATTORNEYS’ FEES AND COSTS TO DEFEND SUCH CLAIMS AND ACTIONS AND ALL AWARDS, DAMAGES, COSTS AND EXPENSES ARISING THEREFROM. CUSTOMERS AGREE THAT THE PROVISIONS IN THIS PARAGRAPH WILL SURVIVE ANY TERMINATION OF THEIR ACCOUNT(S), THE SERVICES, OR THE TERMS.

11. General Provisions:

Laws and Dispute Resolution:

The Customer agrees to follow lawful purposes while using the Company’s Services. Call usage must comply with all applicable laws, rules and regulations in the United States, and the jurisdiction where the Customer is located. To the fullest extent permitted by law, if there is any dispute related to the Company’s Services or these Terms, it is agreed that said dispute shall be governed by the laws of the State of Missouri and the federal laws of United States applicable therein, without giving effect to any principles of conflicts of law that would require the application of the laws of any other jurisdiction. The courts in the county of Morgan State of Missouri or its state or federal district court shall have exclusive jurisdiction on any such dispute.

Entire Agreement:

These Terms, and any amended versions thereof, are the entire agreement between the Customer and the Company with respect to the Services, and they shall supersede any other agreement, written or verbal, that the parties may have entered into. If any provision of these Terms, or part thereof, is found to be invalid under the law, such provision, or part thereof, will be limited or eliminated to the minimum extent necessary so that the Terms otherwise remain in full force and effect and enforceable.

Entire Agreement:

Assignment:

The Terms cannot be assigned or transferred by the Customer without the prior written consent of the Company. The Company may assign any of its rights and obligations under these Terms without the Customers’ consent if it has sent prior written notice to Customers to this effect.

Amendment:

The Company reserves the right to make changes to its Web site, Services, policies and Terms at any time. Any amended Terms shall take precedence over any previous version. In case of amendment of these Terms, the Company shall either give prior written notice to Customers or shall post a notification to this effect on the Company’s website. Continuous use of the Services shall be considered as acceptance of the amended Terms.

12. Emergency Communications:

Routing of Emergency Calls:

When a Customer makes an emergency call, the Company will attempt to automatically route its call through a third-party service provider to the Public Safety Answering Point (PSAP) corresponding to the Customer’s address of record on its account or the E911 location of a particular handset. However, the delivery of the Customer’s physical location to its local PSAP is not guaranteed. It is possible that the Customer’s location will not be provided to the PSAP dispatcher On such occasions, it will be the Customer’s sole responsibility to give the dispatcher its name, location (or location of the emergency) and contact information to receive emergency service assistance. It is possible incorrect E911 information will be transmitted if a handset is relocated without informing Company.

Limitations of VOIP Emergency Calling:

Due to the various dependencies of VoIP networks, the Company cannot and does not guarantee a Customer’s emergency call will go through. Many conditions such as loss of power, Internet access or connectivity and/or several other conditions may cause emergency services to be inoperable. The Company does not have control over those types of situations and therefore cannot be held liable of such inoperability. The Company will take commercially reasonable measures to prevent service outages within its network.

Outbound Caller ID

For emergency services address information to be passed to a Cusomter’s local PSAP dispatcher, the Customer’s outbound CallerID value must be set to a phone number with a registered E911 address. Therefore, by agreeing to these Terms, a Customer is deemed to have set the outbound CallerID number to a DID that has emergency services enabled. The Company cannot be held liable for transmission of a DID without a registered E911 record. The Company reserves the right to pass along the fine for such rogue Emergency Communications.

Limitations on Emergency Services:

CUSTOMERS UNDERSTAND THE LIMITATIONS OF THE COMPANY’S EMERGENCY SERVICES AND ASSUMES ALL LIABILITY AND RESPONSIBILITY, AND RELEASES THE COMPANY TO SUCH EXTENT, FOR THE USE OF EMERGENCY SERVICES,AND FURTHER AGREES TO HOLD THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FOR ANY DAMAGE, WHETHER DIRECT OR INDIRECT THAT MAY RESULT FROM: (1) THE EMERGENCY SERVICES PROVIDED BY THE COMPANY (INCLUDING BUT NOT LIMITED TO SITUATIONS OF UNAVAILABILITY OF EMERGENCY SERVICES AS DESCRIBED IN THESE TERMS AND INCOMPLETE OR INCORRECT LOCATION INFORMATION PROVIDED BY THE CUSTOMER); (2) CUSTOMER’S FAILURE TO OBTAIN ACCESS TO CONVENTIONAL EMERGENCY SERVICE AS PART OF A TELEPHONE LINE SUBSCRIPTION FROM ANOTHER COMPANY UNDER SEPARATE AGREEMENT; (3) CUSTOMER’S FAILURE OR DELAY IN UTILIZING CONVENTIONAL EMERGENCY SERVICE. IF A CUSTOMER IS NOT COMFORTABLE WITH THE LIMITATIONS OF EMERGENCY CALLS, THE CUSTOMER MUST CONSIDER AN ALTERNATE MEANS FOR ACCESSING TRADITIONAL EMERGENCY SERVICES.

Regulation:

Due to recent pursuant FCC/CRTC rulings and regulations, all Customers who are using the Company’s services as their primary residential or business telephone carrier must activate 911 Emergency Services on at least one of their DIDs.

As per Kari's Law, Customers must also make sure that their communication systems permit all users to always dial 911, without the need to dial a prefix, and that, should 911 be dialed from the Customer’s communication system, proper personnel and authorities be promptly informed of the emergency.