Telebay Communications Terms of Services

 

            These Terms of Service constitute the agreement between Telebay Communications and the user of Telebay's communications services and any related products or services. This agreement governs both our service and any Telebay-approved or Telebay-provided devices used with our service. It applies to all lines on each Telebay account. Telebay Communications is sometimes referred to as "we," "us," "our," or "Telebay" and the user is sometimes referred to as "you," "your," or "user," or "customer".

 

By subscribing to or using our service, you agree to these Terms of Service. All information linked to these Terms of Service is part of it.

 

1.            Authority. By using our Site and authorizing service, you represent that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms; otherwise, please exit the Site and contact us to terminate your service.

2.            Changes to Site. Telebay may change or modify the Terms from time-to-time without notice other than posting the amended Terms on the Site. The amended Terms will automatically be effective when posted on our Site. Your continued use of our Site after any changes in these Terms shall constitute your consent to such changes. Telebay reserves the right to change, modify or discontinue, temporarily or permanently, the Site (or any portion thereof), including any and all content contained on the Site, at any time without notice. You agree that Telebay shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site (or any portion thereof).

3.            Money Back Guarantee:

a.                  We offer a money back guarantee if you terminate your service within 30 days from your subscription date. The subscription date is the date you order service or the date we successfully process your payment, whichever is later. It is not the day you receive the equipment you ordered or the first day you use the service. 

b.                  Our money back guarantee is only applicable to telephone service and is separate, distinct and inapplicable to the Yellow Pages Advertisement.

c.                   We will refund one credit for the activation fee you paid, the service charge for the first service term, and initial shipping and set-up charges, if you meet the following conditions:

                                                               i.      You cancel service within the first 30 days of your subscription date; and

                                                             ii.      Equipment must be received in its original condition no later than 14 days after the date you cancel your service; and

                                                            iii.      You have not exceeded 5,000 minutes of usage; and

                                                           iv.      You pay all costs associated with shipping equipment back to us.

d.                  Our money back guarantee does not apply to any charges for calls to cellular phones, facsimile charges, and directory assistance. In addition, we may not be able to refund all of the regulatory fees that you paid.

e.                  Our money back guarantee applies only to the first-ordered line per account, not to additional or secondary lines.

f.                    We have the right to disconnect or revoke our 30 day money back guarantee for all customers at any time, without prior notice.

4.            Equipment:

a.                  Ownership. The device is and shall remain the property of Telebay Communications and shall be promptly returned upon termination of service.

b.                  Tampering with the Device. You may not change the electronic serial number or equipment identifier of your device or perform a factory reset of your device without first getting our written consent.

c.                  Risk of Loss. You bear all the risk of loss, theft, or damage. This risk is from the time we ship the device to you until the time you return it to us according to this agreement.

d.                  Prohibited Devices. You are prohibited from using Telebay services with any devices other than devices received from us.

e.                  Receipt of damaged devices. If you receive cartons or devices that are visibly damaged, you must note the damage on the carrier's freight bill or receipt and keep a copy. You must also keep the original carton, all packing materials, and parts in the same condition in which you received them from the carrier. You must then contact our customer care department immediately.

f.                    Compatibility. High speed internet connection and analogue telephone device are mandatory for use of Telebay services.

  

5.            Length of Service Agreement.

a.                  Term of Service. We provide our service for one year terms. Your term begins on the subscription date, which is the date you first ordered service.  It is not the day you receive the equipment you ordered or the first time you use the service. You are purchasing our service for the full service term.

b.                  Automatic Renewal. The terms of this agreement automatically renew for the same term unless you cancel your service in writing before the end of your current service term. The renewal begins on the day after the last day of your term.

c.                  Our right to disconnect. We have the right to suspend or discontinue service generally, or to disconnect your service, at any time. In addition, we reserve the right to immediately disconnect your service at any time without notice for but not limited to the following reasons:

a.                   Non-payment;

b.                  Unlawful or inappropriate use;

c.                   Tampering with equipment;

d.                  Violations of laws.

d.                  Fees upon disconnection:

                                             i.                        If you attempt to disconnect service before the end of your current service term, you will be responsible for all the charges for your current term, including unbilled charges, plus any disconnection fee.

                                           ii.                        If we disconnect your service for any of the reasons listed in section 6.4 above, you will be responsible for all charges through the end of your current service term, including unbilled charges, plus any disconnection fees.

                                          iii.                        All of charges owed at the time of disconnection will be immediately payable. We will pursue collection for unpaid amounts on disconnected accounts and may report these unpaid charges to credit bureaus.

6.            Rates and Billing:

a.                  Monthly Billing. We will bill you for each term of service. When you subscribe to our service, you must give us a valid email address and a payment method that we accept. We reserve the right to stop accepting your payment method or your payments. You must advise us at once if your payment method expires, you close your account, your billing address changes, your email address changes, or your payment method is cancelled and replaced on account of loss or theft. We will bill monthly as due immediately usage based charges and any other charges which we decide to bill as due immediately. Bills are available on the Telebay website.

b.                  Payment.You are responsible for paying all charges for or resulting from services and equipment provided under this Agreement. You will receive monthly bills that are due in full as shown thereon.

 

c.                  Authorization. When you subscribe to our service, you authorize us to collect from your payment method. This authorization will remain valid until 30 days after you terminate our authority to charge your payment method. We will then charge you any other outstanding charges and disconnect your service.

d.                  Collection. If we disconnect your service, you will remain liable to us for all charges under this agreement and all the costs we incur to collect these charges, including, without limitation, collection costs and attorney's fees.

 

e.                  Notices. You understand that it is difficult for us to distinguish between credit and debit cards. You agree to waive your rights under any laws or rules including but not limited to Regulation E to receive 10 days advance notice from us regarding the amount that we will debit from your account. While we may send you messages about your billing from time to time, we are not obligated to do so. We may change or cease our messages at any time without notice to you.

f.                    Billing Disputes. If you want to dispute any Telebay charges on your statement, you must notify us within 7 days after you receive your statement from your bank or credit card issuer. If you do not dispute the charges within 7 days, you waive any right to contest the charges. www.telebaycommunications.com.

 

7.            Incompatibility with other services:

a.                  Certain Broadband, Cable Modem, and Other Services. You acknowledge that there may also be services with which our service may be incompatible. Some providers of broadband service may provide modems that prevent the transmission of communications using our service. We do not warrant that our services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of our service with any particular broadband service.

b.                  Non-Voice Equipment Limitations. You acknowledge that our service may not be compatible with all non-voice communications equipment, including but not limited to home security systems, medical monitoring equipment, satellite television systems, and computer modems. You waive any claim against Telebay for interference with or disruption of these services and equipment.

8.            Fees and Charges:

a.                  Fees and charges. We will publish on our web site the fees and charges. These fees and charges may change from time to time. We may introduce new products and services at special introductory pricing. At our discretion, we may change introductory pricing.   We reserve the right to bill you more frequently if you owe us more than $100.  Calls to cellular telephones are subject to additional rates and fees and are billed for per minute usage; rates are published and are available on the Telebay web site. 

b.                  Recovery Fee. If you disconnect service before the end of the commitment period, you agree to pay us the applicable recovery fee. A recovery fee is equal to the difference between the price you paid and the regular price of the good, service, or other benefit you received. Any recovery fees are cumulative and are in addition to any other amounts you may owe us, including any disconnection fees.

c.                  No Credit for Non-Usage. Non-usage of the service does not entitle you to a credit for, or refund of, any portion of a payment made to us.

 

d.                  One time Set-up Fee. A one time fee of $79.99 will be due at time of order.

 

 

9.            Universal Service Fund:

a.                  The Universal Service Fund (USF) is a federal program aimed at ensuring the availability of affordable telecommunications services to schools, libraries and rural healthcare facilities; it also serves to subsidize local service in high-cost areas and low-income households. The USF is funded by telecommunications companies that provide service between states and/or international service. In June 2006, the FCC required that providers of service such as provided by Telebay contribute to the USF.

b.                  The Federal Universal Service Fee that appears on customer bills is a monthly charge that recovers the contributions that Telebay, as a provider, must make to the federal USF. This fee may be subject to periodic adjustment by Telebay based on the FCC's contribution factor.

 

10.        Miscellaneous; Exclusion; and Legal Descriptions:

a.                  Service Interruption. Events beyond our control may affect our service, such as power outages, fluctuations in the internet, your underlying ISP or broadband service, maintenance, or acts of God. Telebay disclaims any liability for damages that result from a disruption of service. We will act in good faith to minimize disruptions to your use of and access to our service.

b.                  Entire Agreement. This agreement, including any future modifications to its terms, and the rates for services found on our web site constitute the entire agreement between you and Telebay. This agreement governs your use of our service, and the use of our services by the members of your business and your guests and employees. This agreement supersedes any prior agreements between you and Telebay. It also supersedes all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.

c.                  Governing Law.  The law of the state of Florida will govern this agreement as well as the relationship between you and us, except to the extent such law is preempted by or inconsistent with applicable federal law.

d.                  No Waiver of Rights. Our failure to exercise or enforce any right or provision of this agreement will not constitute a waiver of the right or provision. Telebay reserves all of its rights at law and equity to proceed against anyone who uses its services or device illegally or improperly. All determinations by Telebay under these Terms of Sale and exercise of its rights are made and done in our sole and absolute discretion.

e.                  Survival. The provisions of this agreement that by their sense and context are intended to survive the termination or expiration of this agreement shall survive.

f.                    No Third Party Beneficiaries. If you are not a party to this agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This agreement does not create any other third party beneficiary rights.

g.                  Severability. If any part of this agreement is legally declared invalid or unenforceable, all other parts of this agreement will remain valid and enforceable. This invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this agreement.

h.                  Waiver of Jury Trial. You and Telebay agree that, by entering into this agreement, you and Telebay are waiving the right to a trial by jury.

 

11.        CHANGES TO THIS AGREEMENT:

a.                  We may change the terms and conditions of this agreement from time to time. By subscribing to our service, you agree that we may provide to you by use of electronic communications required notices, agreements, and other information concerning Telebay, including changes to this agreement. We may give you notice of a change by posting the change on the home page of Telebay Communications or on the relevant web page of the applicable service. Such notices will be considered given and effective on the date posted. These changes will become binding on you on the date they are posted and we are not required to give you further notice in order for you to continue using our service. When posted, this agreement supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of your device. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of Telebay services.