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TERMS AND CONDITIONS OF ITALKBB HOME PHONE SERVICE
Latest Revision: September 23, 2019
This agreement ("Agreement") is between iTalk Global Communications Inc. ("iTalkBB") and an end user ("you," or "Customer") of iTalkBB Prime Residential Communications Services and any IP telephone, analog telephone adapter or any other IP connection device or related products or services ("iTalkBB Prime Services"). All iTalkBB Prime Services are governed by the terms and conditions of this Agreement.
ADDITIONAL OR CONFLICTING TERMS AND CONDITIONS ON ANY DOCUMENT RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT ARE HEREBY REPLACED BY THIS AGREEMENT , PROVIDED THAT, ITALKBB OFFERS ALL FAMILY CLOUD USERS A MOBILE APPLICATION (“FAMILY CLOUD APP”) IF YOU USE THE FAMILY CLOUD APP PLEASE SEE THE FAMILY CLOUD APP TERMS AND CONDITIONS AND END USER LICENSE. FOR ALL ISSUES REALTING TO THE FAMILY CLOUD APP, THE FAMILY CLOUD APP TERMS AND CONDITIONS AND END USER LICENSE SHALL GOVERN ANY AND ALL SUCH ISSUE.
The iTalkBB Prime App is specifically designed to offer unique and exclusive features that are available to users by access to proprietary software hosted by iTalk BBBB. These software as a service (SaaS) features enable the customer to utilize a number of communication features not routinely available from telecommunications providers.
The rates and charges for the iTalkBB Prime Services, which may be found at www.italkbb.com, are effective as of August 15, 2013 and are subject to change. For your most current rates and charges, please see the most current version of the Agreement, or if you have questions about your services, please visit our website at www.italkbb.com.
- • Term
- • Emergency Services - 911 Dialing
- • Incompatibility with Other Devices
- • Equipment and Devices
- • Money Back Guarantee - Trial Period - Cancellation Policy
- • Service - Usage
- • Billing, Charges and Payment
- • Termination of Service
- • Early Termination and Deactivation Fee
- • Charges for Changes in Plans
- • Changes to the Agreement, Services or Plan
- • Technical Support
- • Limitation of Liability, Warranty and Indemnification
- • Governing Law and Dispute Resolution
- • Copyrights
- • Force Majeure
- • Assignment
- • Entire Agreement
iTalkBB Prime Services is offered on a monthly basis beginning on the date Customer activates service and continues for the duration of that calendar month. The iTalkBB Prime Services is automatically renewed unless Customer provides iTalkBB notification of intent to terminate the iTalkBB Prime Services not less than thirty (30) days prior to effective date of termination as set forth in Section 7 below.
The safety and security of customers is of the utmost importance to iTalkBB. iTalkBB is happy to announce that it now offers 911 Emergency Dialing Services to its customers utilizing the iTalkBB Prime Services. However, iTalkBB's Emergency Dialing Services are VoIP based services, and therefore, are subject to certain limitations and outage factors that are different from traditional 911 accesses. It is important that you read, understand and inform all residents and guests of these important limitations.
CUSTOMER ACKNOWLEDGES THAT THE SERVICES DO NOT SUPPORT TRADITIONAL 911 ACCESS TO EMERGENCY SERVICES. WHERE AVAILABLE, ITALKBB PRIME SERVICES DO INCLUDE E911 ACCESS TO EMERGENCY SERVICES, AND IN GEOGRAPHICAL AREAS WHERE E911 IS NOT AVAILABLE, ITALKBB PRIME SERVICES INCLUDE EMERGENCY DIALING. WHERE E911 IS AVAILABLE, A 911 CALL IS ROUTED DIRECTLY TO 911 DISPATCHERS. WHERE E911 IS NOT AVAILABLE, 911 CALLS ARE ROUTED TO GENERAL EMERGENCY TELEPHONE NUMBERS AND THE CALLER MAY BE REQUIRED TO VERBALLY STATE HIS OR HER ADDRESS. THE CALL IS THEN ROUTED TO THE APPROPRIATE EMERGENCY SERVICE DISPATCHER. ITALKBB ADVISES CUSTOMER TO MAINTAIN OR ACQUIRE AN ALTERNATIVE MEANS OF ACCESSING 911 SERVICES. YOU AGREE TO ADVISE ALL HOUSEHOLD RESIDENTS, GUESTS AND OTHER PERSONS WHO MAY BE PRESENT AT THE PHYSICAL LOCATION WHERE YOU UTILIZE THE SERVICE OF EACH OF THE LIMITATION OF THE ITALKBB EMERGENCY DIALING SERVICE AND OF AN ALTERNATIVE MEANS OF 911 DIALING.
IMPORTANT EMERGENCY DIALING LIMITATIONS
Customer understands and acknowledges that the iTalkBB Prime Services emergency dialing feature cannot be used in conjunction with an iTalkBB "Virtual Telephone Number". An iTalkBB Virtual Telephone Number is assigned to each customer. The number always includes an area code of 899. These Virtual Telephone Numbers are NOT loaded into national emergency databases and will not function to access emergency services. All customers must purchase a Public Switched Telephone Network (PSTN) traditional telephone number from iTalkBB in order to access iTalkBB Prime Emergency Services. Customer further acknowledges that iTalkBB Prime Services do not function with outdialing services including home security systems, medical monitoring equipment, fax machines or satellite television systems.
REGISTRATION OF PHYSICAL LOCATION REQUIRED
For each PSTN phone number that you use for the iTalkBB Prime Services, you must provide the physical location where you will be using the iTalkBB Prime Services. IF YOU FAIL TO PROVIDE A PHYSICAL ADDRESS TO ITALKBB, YOU WILL NOT BE ABLE TO UTILIZE 911 SERVICES AND YOU AGREE TO WAIVE ANY CLAIM OF LIABILTIY AGAINST ITALKBB. When you move the Equipment (Equipment refers to the iTalkBB Adapter sent to you by iTalkBB), you must register your new physical location with iTalkBB. All 911 calls are directed to emergency responders based upon the address you register with iTalkBB. If you move the Equipment and do not register the new physical location, emergency responders will be dispatched to your previous physical address.
SERVICE OUTAGES; BROADBAND OUTAGES; CONGESTION; AND SERVICE INTERRUPTION
iTalkBB Prime Services emergency dialing services will not function in the event of a power outage or other interruption to your electricity service until the power supply is fully restored. Following a power disruption, you may need to reset your Equipment before the iTalkBB Prime Services, including the emergency dialing service will function properly. Service outages or suspensions or terminations of service by your broadband provider or ISP will prevent the iTalkBB Prime Services, including the iTalkBB Prime Services emergency dialing service from functioning. Any interruption in your internet access will prevent you from placing 911 calls during the interruption. Broadband phone service is inherently subject to more network congestion and reduced speed in the routing of 911 calls than traditional 911 dialing over traditional public telephone networks. In the event that your iTalkBB Prime Services account is suspended or terminated for any reason, your iTalkBB Prime Services, including iTalkBB Prime emergency dialing service will not function.
DISCLAIMER OF LIABILITY AND INDEMNIFICATION
iTalkBB Prime Services does not control how 911 calls are answered or handled by any local emergency response center. iTalkBB Prime Services disclaims all responsibility for the actions and conduct of any and all national and local emergency response centers. iTalkBB Prime Services relies entirely upon third parties to route 911 calls to local and national emergency response centers. iTalkBB Prime Services disclaims any and all liability or responsibility in the event such third party data used to route the call is incorrect or produces an erroneous result. Neither iTalkBB nor its office , directors or employees may be held liable for any claim, damage or loss and you hereby waive any and all such claims or causes of action arising from or related to the iTalkBB Prime Services unless such claims arose from iTalkBB Prime Services’ gross negligence, recklessness or willful misconduct. You, on your own behalf and on behalf of any third party, hereby agree to defend, indemnify and hold harmless iTalkBB, its officers, directors, employees and agents from and against any and all claims, losses, damages, fines, penalties, costs and expenses (including attorneys' fees) relating to the absence, failure or outage of the iTalkBB Prime Services, including the iTalkBB emergency dialing service or access to emergency service personnel.
CANCELLATION OR TERMINATION OF SERVICE
If you cancel your iTalkBB Prime Services or, if iTalkBB terminates your iTalkBB Prime Services for any reason, you will no longer have access to 911 Emergency Dialing Services.
911 dialing from the iTalkBB Prime App. The iTalkBB Prime App is not a replacement of your cellular service, you cannot make emergency (911) calls using the iTalkBB Prime App. if you attempted to make a 911 call from the iTalkBB Prime App, the App will close and the call will be placed your cellular provider’s network. This does not prevent you from making emergency calls via your cellular provider. If you make a 911 call on your cellular phone neither your iTalkBB Prime phone number nor your location will be reported to an emergency operator.
UNDERSTANDING, ACKNOWLEDGEMENT AND ALTERNATIVE 911 SERVICE:
You hereby acknowledge your understanding of the limitations of the iTalkBB Prime Services and iTalkBB Prime App emergency dialing services described above. In the event that you are not completely comfortable with the limitations of the iTalkBB Prime Services and iTalkBB Prime App service, including the iTalkBB Prime emergency dialing service, you should immediately take action to acquire an alternative means to access 911 services or you should immediately terminate the iTalkBB Prime Services or iTalkBB Prime App
You acknowledge that iTalkBB Prime Services may not be compatible with all non-voice communications equipment, including without limitation, home security systems, TTY, medical monitoring equipment, certain versions of TIVo, satellite television systems, PBX, Centrex, other private telephone networks, or computer modems. You waive any claim against iTalkBB Prime Services for interference with or disruption of these services and equipment, as well as any claim that iTalkBB Prime Services is responsible for any disruption of your business, if applicable.
While iTalkBB Prime Services may work with a home alarm system, iTalkBB does not recommend it. If for any reason you lose broadband connectivity due to a power outage or problem with your Internet provider, iTalkBB Prime Services will not work and your alarm system will not be able to make an emergency call. For this reason, iTalkBB recommends you keep a basic landline dedicated to your home alarm system and use iTalkBB Prime Services for your other calling needs.
To provide iTalkBB Prime Services, iTalkBB Prime Services may provide equipment or IP devices to you ("Equipment"). All shipments are F.O.B. iTalkBB's facilities. You shall be the owner of the Equipment, and bear all risk of loss for theft, casualty, or damage to the Equipment. Customer agrees not to change any serial number or Equipment identifier, or to alter any Equipment without the express written consent of iTalkBB. iTalkBB reserves the right to terminate Customer's service should you tamper with the Equipment and you will be responsible for all charges in the then current service period plus Early Termination and Deactivation Fee. You agree and acknowledge that you will use the Equipment provided to you by and from iTalkBB. iTalkBB reserves the right to suspend and cancel your service where you failed to use the Equipment provided by iTalkBB.
If you copy or alter any iTalkBB Prime firmware of software of the Equipment or the iTalkBB Prime App in any way that facilitates a compromise of iTalkBB Prime Services, you shall be responsible for any cost or damage incurred by iTalkBB Prime Services. If you use the iTalkBB Prime App, you are granted a limited, not exclusive, revocable license sole for your use of the application. You are not allowed to remove, alter, or destroy, any proprietary trademark or copyright marking placed upon or contained within the iTalkBB Prime App software. You shall not attempted to derive the iTalkBB Prime App software source code.
iTalkBB Prime offers a thirty (30) day trial period ("Trial Period") to new Customers for their first iTalkBB Prime Services account. The Trial Period commences on the "Activation Date". The Activation Date is the first to occur of the date that is seven (7) days after the date customer signs up for iTalkBB Prime Services or the date Customer places the first call on the iTalkBB Prime Services. If Customer is not satisfied with the iTalkBB Prime Services, Customer may terminate the iTalkBB Prime Services at any time during the Trial Period and obtain a refund of the monthly service fees or activations charges if applicable. The Trial Period refund does not apply to toll usage (charges for calls to any country or region that is not included in an unlimited calling plans selected by Customer) or any local, state or federal taxes charged to Customer If customer does not send the iTalkBB Prime Adapter to iTalkBB Cancellation Department within 7 days after calling to terminate service, or if iTalkBB does not receive return packages within 15 days after cancellation date a Deactivation Fee at amount of $59.99 will apply. To obtain a Trial Period refund, Customer must: (a) Call iTalkBB within thirty (30) days of the Activation Date at 1-877-482-5503 and obtain an Equipment return authorization and return address from iTalkBB's customer care department, and (b) Mail the Equipment to iTalkBB within seven (7) days after calling to terminate service (parcel must be post marked within the seven (7) day period) in its original condition including, all packing materials with bar codes intact, all parts and accessories, documentation and manuals and all other items originally shipped to Customer. Equipment returned to our local offices will not be processed. If iTalkBB does not receive the returned Equipment within fifteen (15) days after the termination date, no refunds will be made to Customer, the Deactivation Fee of $59.99 will not be refunded to Customer. Upon receipt of the Equipment by iTalkBB, the amount of the Trial Period refund will be calculated based on the usage by Customer during the Trial Period as follows: (a) Customers using fewer than 500 minutes during the Trial Period will receive a refund of Activation Fee if applicable; plus the full amount of the Monthly fees previously charged to customer's credit card. The Shipping and Handling Fee is not refundable, and (b) Customers using 500 or more minutes during the Trial Period will receive a refund of Activation Fee if applicable; the Shipping and Handling fee is not refundable. No monthly fee is refunded to Customers using 500 or more minutes prior to termination. No charges for toll calls are refunded to any customer at any time. Early Termination fees do not apply if Customer terminates service during the Trial Period and all conditions of this Section 4 are satisfied. Early Termination fees do not apply if Customer terminates a non-contract plan at any time and all conditions of this Section 4 are satisfied.
iTalkBB Prime Reasonable Residential Use Policy
iTalkBB Prime Services has developed the following Reasonable Residential Use Policy to describe permissible uses of its service, and to prevent exploitation, fraud, and abuse of its unlimited calling plans and features. This policy is applicable to all iTalkBB Prime Services.
Reasonable Residential Use
Unless Customer purchases iTalkBB Prime Services Small Business Plan, Customer acknowledges that he or she has purchased residential services and features under one of iTalkBB Prime Services’ plan offerings ("Plan") for Customer's personal, residential, non-business and non-professional use. Customer agrees that iTalkBB's iTalkBB Prime Services is intended for use by Customer and his or her immediate family. If your Plan allows you to extend the service or feature(s) to one or more mobile, land or VoIP numbers, such use is also considered to be use under the Plan and subject to iTalkBB Prime Services’ Reasonable Residential Use Policy.
Each of the following is considered to be outside normal residential use:
>use by or for others who are not members of Customer's immediate family residing in Customer's home
>business use of any type, including home office businesses
>operating a customer care, support or call center
>resale to others
>auto-dialing or fax/voice blasts
>all other non-residential uses
Monthly usage which is 30% higher than the average usage by iTalkBB Prime residential customers is considered unusual and excessive usage and is subject to evaluation by iTalkBB. In addition, usage involving specific numbers called, average call durations, forwarding and transferring, conferencing and unusually short duration calling, constitute impermissible use(s) of iTalkBB Prime Plan Services.
Based on these factors, iTalkBB may determine that abnormal, unreasonable or impermissible usage is occurring, and may take appropriate steps including but not limited to suspend or terminate your service to enforce this Reasonable Residential Use Policy.
For Lawful and Appropriate Purposes Only
You may not use our service or devices in any way that is illegal, fraudulent, improper or inappropriate. You may not use any automated means to manipulate our service or use our service to violate any law, rule, regulation or any third party's intellectual property or personal rights. This section and iTalkBB's enforcement provisions shall apply to all iTalkBB Plans, including, without limitation, the iTalkBB Prime Small Business Plan.
iTalkBB's Enforcement of its Policies
iTalkBB reserves the right to review and evaluate all customer accounts and to take action if an account is outside of its Reasonable Residential Use Policy or involves impermissible, detrimental or unlawful use. iTalkBB may assess abnormal usage based on comparisons to the usage patterns and levels of our other customers. If any customer's use is determined by iTalkBB Prime Services, in its sole discretion, to be outside of its Reasonable Residential Use Policy, iTalkBB reserves the right to transfer the customer's account to an appropriate business Plan, charge more appropriate rates for actual usage or to suspend or terminate service with or without notice. If any customer's use is determined to be unlawful, iTalkBB will immediately suspend or terminate the service with or without notice. iTalkBB will notify all proper authorities of any illegal use of iTalkBB's iTalkBB Prime Services and will cooperate with all such authorities regarding investigation and prosecution. iTalkBB hereby reserves all of its legal rights.
iTalkBB reserves the right to change its Reasonable Residential Use Policy at any time without notice. Any such changes shall become effective when posted to iTalkBB's websites.
Credit Card Payment
Upon purchase, Customer must provide iTalkBB a valid credit card number from an accepted issuer (see iTalkBB's website for accepted issuers). Customer authorizes iTalkBB to charge the credit card number ("Credit Card") for all charges arising from Customer's use of the iTalkBB Prime Services. Customer shall notify iTalkBB of any change to the Credit Card information including, without limitation, changes in account number, expiration date and billing address.
iTalkBB will provide Customer with a monthly on-line invoice for iTalkBB Prime Services and bill all charges invoiced to Customer's account to the Credit Card. Charges shall include, Equipment purchases, monthly service fees, usage fees, shipping charges, Early Termination Fees, toll charges, taxes , regulatory/regulatory recovery fees and all other applicable charges. Monthly service fees are paid in advance of each month's iTalkBB Prime Services. Toll charges and other applicable charges are billed at the end of each service month. Deposits, if applicable, are charged at the time of purchase and are invoiced whenever the deposit is reduced by usage to $6.00 dollars. iTalkBB reserves the right to charge Customer's Credit Card at any time during a service month if Customer's toll charges exceed $24.00 dollars. Billing for monthly service fees, deposits and other applicable charges commences upon purchase of iTalkBB Prime Services, and the first month's monthly service fees will be prorated to take into account any partial month of iTalkBB Prime Services. Activation occurs when Customer's Equipment is registered to iTalkBB's systems ("Activation").
All calls to or from Equipment (or to or from iTalkBB Prime App)using the iTalkBB Prime Services that originates or terminates in the Public Switched Telephone Network ("PSTN") is subject to the then applicable toll charges that are associated with the service plan Customer has selected. All calls to destinations outside the United States to a party that is not an iTalkBB Prime Services Customer will be charged at the then current international rates published on iTalkBB's website. The duration of each call will be calculated in one minute increments.
Any telephone number provided to Customer by iTalkBB Prime Services shall be leased and not sold. Customer may not use such number with any other devise other than the Equipment (or the iTalkBB Prime App) with the express prior written consent of iTalkBB Prime Services. iTalkBB reserves the right to change, cancel or move the number in its sole discretion. The availability of all China DID numbers is subject to and dependent upon the network facilities and regulatory environment in China. iTalkBB Prime Services cannot guarantee connection to any China DID from all cities and regions in China. iTalkBB Prime Services further cannot guarantee uninterrupted service on China DIDs.
Customer must dispute any charges for the iTalkBB Prime Services within thirty (30) days of receipt of the monthly on-line invoice. Customer understands and agrees that Customer's failure to dispute any charges with the thirty (30) day time period constitutes a waiver of all claims to any dispute.
Late Payment - Non-Payment.
If any charges for iTalkBB Prime Services are due but unpaid for any reason including, without limitation, non-payment or declined Credit Card charges, iTalkBB may suspend or terminate the iTalkBB Prime Services and all accrued charges shall immediately be due and payable, to include a late fee of the lesser of 1.5% monthly or the maximum allowed by law. If charges cannot be processed to the Credit Card, Customer will be charged a fee of ten dollars ($10.00). Neither suspension nor termination shall relieve Customer from the obligation to pay all amounts owing under this Agreement.
Automatic Renewal of Global Annual Plans.
On or about the Anniversary Date of any Global Annual Plan the plan will be automatically renewed for an additional one year term by charging Customers credit card of record, unless not less than thirty (30) days prior to the Anniversary Date, Customer provides iTalkBB notice of Customer's desire to cancel service or change to a different calling plan or payment plan.
Applicable Regulatory Fees, Surcharges, System Access Charges, Customer Equipment Maintenance/ Management Charges, and Intellectual Property/Legal Compliance Fees.
Federal, state, provincial, county, municipal and local governments may assess regulatory fees, contribution fees, emergency dialing charges, surcharges and other compliance fees on your iTalkBB Prime Services. Independent third party providers may charge regulatory and administrative fees, legal/intellectual property compliance charges, equipment maintenance and management fees, surcharges and access fees for services that iTalkBB Prime is required to pay in order to enable your access to global public telecommunications networks. iTalkBB Prime Services may assess network access fees in applicable markets. These charges may be assessed to you as a flat monthly fee, a percentage of your iTalkBB Prime monthly service charges or both, and may change from time to time without notice. You are responsible for all such fees and charges, now in force or enacted in the future, that arise from your subscription for iTalkBB Prime Services. Such charges are in addition to your iTalkBB Prime Services charges and will be charged to your account according to the plan or payment method you have selected. Applicable portions of such fees and charges are paid to governmental agencies, third parties or retained by iTalkBB to offset applicable costs associated with your subscription for iTalkBB Prime Services. No such fees or charges shall be included in any refund under this Agreement. Applicable Federal Universal Service Funds are included in such fees and charges but in no event is any customer charged more Federal Universal Service Funds fees than allowed by the Federal Communications Commission.
These fees and charges do not include applicable state, county, city or special district sales taxes. All applicable sales taxes are added to your monthly or annual billing (see FAQs below). iTalkBB collects these sales taxes from you and pays them over to the appropriate taxing authority.
Several from the FAQs on the customer self-service page that do not mention sales tax will be applied….
Why do I have multiple charges on one monthly bill?
Here are some possibilities:
For new customers, your credit card has been charged with activation fee and shipping and handling fee during sign up. When you use your iTalkBB Prime Services for the first time, the monthly fee and "Applicable Regulatory/Compliance Fees and Charges" for the first month is automatically charged. Therefore, you will see 2 charges on your credit card statement during the first month.
For all the unlimited calling plan users, iTalkBB Prime Services will make one charge at the beginning of the month which includes current monthly fee, "Applicable Regulatory/Compliance Fees and Charges", and applicable international long distance charge from the previous month. Within one billing cycle, if your long distance charge exceeds $20.00, your credit card will be automatically charged for $20.00 before the next billing cycle.
If you are not an unlimited calling plan user, your credit card will be charged for the monthly fee and Applicable Regulatory/Compliance Fees and Charges when the account is established. Starting from the second billing cycle, your monthly payment will include monthly fee, Applicable Regulatory/Compliance Fees and Charges, and the applicable local/domestic long distance/ international long distance charge from the previous month. Within one billing cycle, if your local/domestic long distance/international long distance charge exceeds $20.00, your credit card will be automatically charged for $20.00 before the next billing cycle.
What is the Applicable Regulatory/Compliance Fees and Charges?
The iTalkBB Prime Services Applicable Regulatory/Compliance Fees and Charges is an additional charge over and above the basic fee for your iTalkBB Prime Services. iTalkBB uses this fee to pay our regulatory-related fees and expenses, including federal, state and local telecommunications regulatory fees and charges, emergency dialing fees, access charges for US and foreign publicly switched networks, intellectual property and network confidentiality charges, number portability charges, and related legal and administrative fees. It is $3.95 per phone number per month. If you are an annual plan participant user, you will be charged the annual amount of iTalkBB Prime Services Applicable Regulatory/Compliance Fees and Charges upon your sign up and on each annual anniversary.
How much is the iTalkBB Service Applicable Regulatory/Compliance Fees and Charges?
It is $3.95 per phone number per month.
What fees are included in the "Applicable Regulatory/Compliance Fees and Charges"?
Applicable Regulatory/Compliance Fees and Charges include Federal, state, provincial, county, municipal and local government’s regulatory fees, contribution fees, emergency dialing charges, surcharges and other compliance fees accessed by such government entities on your iTalkBB Prime Services. Independent third party providers may charge regulatory and administrative fees, legal/intellectual property compliance charges, equipment maintenance and management fees, surcharges and access fees for services that iTalkBB Prime Services is required to pay in order to enable your access to global public telecommunications networks. may assess network access fees in applicable markets. These charges may be assessed to you as a flat monthly fee, a percentage of your iTalkBB Prime Services monthly service charges or both, and may change from time to time without notice. Such charges are in addition to your iTalkBB Prime Services charges and will be charged to your account according to the plan or payment method you have selected. Applicable portions of such fees and charges are paid to governmental agencies, third parties or retained by iTalkBB to offset applicable costs associated with your subscription for iTalkBB Prime Services.
What are my monthly recurring costs?
Your recurring monthly charges will include the monthly fee of the iTalkBB Prime Services plan you have chosen, plus Applicable Regulatory/Compliance Fees and Charges, which will be collected with a flat $3.95 monthly fee or a percentage of your iTalkBB Prime Services monthly service charges.
How are the Applicable Regulatory/Compliance Fees and Charges billed to the Customer?
Monthly plan customers will be charged on monthly basis for plan fees. The $3.95 flat fee will appear as a separate item from service charges in the iTalkBB Prime Services statement. However, it will only show the total of these two amounts in customer's credit card statement. Annual plan customers are to be charged upon signup or renewal.
What are Telecommunications sales taxes?
In June 2018 the United States Supreme Court decided the case Wayfair vs. South Dakota. In that decision the Supreme Court changed the law and the new law requires online sellers, like Amazon, eBay, Wayfair, Etsy, and iTalkBB Prime Services to collect sales taxes in most US States. iTalkBB is required to collect these sales taxes from you and pay them over to the appropriate taxing authority. iTalkBB will begin collecting and paying sales taxes to taxing authorities in certain states on December 1, 2018 for states that have made the new law effective by that date. iTalkBB will collect sales taxes from customers in other states as the new law becomes effective in those states.
Customer acknowledges and agrees that the iTalkBB Prime Services are provided "as is, where is". No credit allowances shall be made for interruption of iTalkBB Prime Services.
iTalkBB Prime Services may, in its sole discretion, from time to time offer promotions or discounts on fees. Customer must enter any promotion or discount codes upon initial purchase of the iTalkBB Prime Services to take advantage of such discounts.
iTalkBB reserves the right to suspend or discontinue providing the iTalkBB Prime Services or Customer's Service at any time in its sole discretion. If the iTalkBB Prime Services is terminated by iTalkBB in its sole discretion and for any reason other than a breach or action of Customer, you will be liable for all charges accrued through the date of termination. If the iTalkBB Prime Services is terminated as a result of a breach or other action of Customer, you will be liable for the entire month in which the termination occurs. In addition, unbilled charges and Early Termination and Deactivation Fees as set forth in below (See Early Termination and Deactivation Fees) shall be immediately due and payable.
If you stop utilizing your iTalkBB Prime App or delete the App from you cellular phone, you HAVE NOT CANCELLED OR TERMINATED YOUR ITALKBB PRIME SERVICE. IN ORDER TO TERMINATE YOUR ITALKBB PRIME SERVICE YOU MUST FOLLOW THE CANCELLATION PROCEDURES SET FORTH IN THESE TERMS AND CONDITIONS.
For contract plans, if the Customer terminates the iTalkBB Prime Services within contract term after the Activation Date and after expiration of the Trial Period, iTalkBB shall charge an Early Termination Fee to Customer's credit card in the amount of $99.00. All Customers that terminate the iTalkBB Prime Services will be charged on their credit card a Deactivation Fee in the amount of $59.99. The Deactivation Fee will be waived if you return your Equipment to iTalkBB as follows: (a) Call iTalkBB at 1-877-482-5503 to obtain an Equipment Return
Authorization from iTalkBB's Customer Care Department, and (b) Mail the Equipment to iTalkBB within seven (7) days after calling to terminate the service (parcel must be post marked within the seven (7) day period) in its original condition including, all packing materials with bar codes intact, all parts and accessories, documentation and manuals and all other items originally shipped to Customer. Send Equipment to our Return Department at 7926 Jones Branch Drive, Ste. 120, McLean, VA 22102 USA. Equipment returned to our local offices will not be processed. If iTalkBB does not receive the returned Equipment within fifteen (15) days after the termination date, the Deactivation Fee will be charged.
If a promotional or plan benefit (such as free months or discounted pricing of service, free installation, rebate, or other incentive) is provided to you at no charge or at a specified discount based on your retention of the iTalkBB Prime Services for a specific length of time, the specified period begins on the Activation Date (unless otherwise specified in the offer you received). If you terminate your iTalkBB Prime Services before that period of time expires, you will be invoiced for the amount equal to the promotion or benefits you enjoyed.
iTalkBB will charge Customer's credit card a Plan Change Fee in the amount of $29.99 if Customer chooses to change Plan from any plan with a Monthly Fee of $10.00 or more per month to any plan with a Monthly Fee less than $10.00 per month.
iTalkBB reserves the right to change the Agreement, iTalkBB Prime Services or Plan at any time ("Change"). Changes will be posted on iTalkBB's website thirty days before the effective date of the Change. Notice is deemed received by Customer and Changes will be binding on Customer on the effective date of such Change. Customer is deemed to have accepted the Change(s) unless Customer terminates the iTalkBB Prime Services prior to the effective date of the Change. If Customer elects to terminate the iTalkBB Prime Services, Customer will be liable for all amounts due and an Early Termination Fee or Deactivation Fee, if applicable.
iTalkBB provides technical support for iTalkBB Prime Services and Equipment described in this Agreement during its normal business hours.
DISCLAIMER OF DAMGAES. ITALKBB SHALL NOT, IN ANY EVENT OR CIRCUMSTANCE, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, LOSS OF DATA OR CONTENT, OR ARISING OUT OF 911 OR OTHER EMERGENCY DIALING IN CONNECTIONS WITH CUSTOMER'S USE OF THE SERVICES OR EQUIPMENT PROVIDED UNDER THIS AGREEMENT.
ITALKBB MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY ABOUT ITS SERVICES OR EQUIPMENT AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OR IMPLIED WARRANTIES OF MECHANTABILITY OR FITNESS FOR A PARTICLUAR PURPOSE OR USE. ITALKBB HAS NOT AUTHORIZED ANY PERSON OR ENTITY TO MAKE WARRANTIES ON ITS BEHALF AND CUSTOMER MAY NOT RELY ON ANY STATEMENT AS A WARRANTY BY ITALK.
iTalkBB will not be liable for any failure of performance due to any causes beyond its control or for any power outage, internet interruption, Equipment failure, and delay in installation, activation or commencement of iTalkBB Prime Services. With respect to any other legal claim or dispute, iTalkBB's liability shall be limited to the lesser of actual damages or one thousand dollars $1,000. iTalkBB will not be liable for any act or omission by any other person or entity furnishing services or products related to the iTalkBB Prime Services or Equipment or for damages associated with service or equipment that iTalkBB does not provide.
Customer hereby agrees to indemnify and hold harmless iTalkBB and its officers, directors, shareholders and affiliates from and against any and all claims, damages and/or liability arising out of the iTalkBB Prime Services or Equipment, including, without limitation, claims for libel, slander, invasion of privacy or infringement of copyright arising out of material, data or information transmitted via the iTalkBB Prime Services and claims arising out of any intentional act or omission by Customer or others authorized by Customer to use the iTalkBB Prime Services.
This Agreement shall be governed by the laws of the State of Texas without regard to conflict of law provisions of any other state or jurisdiction. Customer hereby consents to exclusive personal and subject matter jurisdiction of the courts of the State of Texas.
Mandatory and Binding Arbitration.
All claims or disputes between Customer and iTalkBB arising in any way whatsoever out of the iTalkBB Prime Services or the Equipment shall be resolved by binding and final arbitration by a single arbitrator. The American Arbitration Association shall administer the arbitration under the Commercial Arbitration Rules. The arbitration shall be conducted in Austin, Texas in English language. No arbitrator may award relief outside the limits set herein. Customer agrees that all claims shall be in Customer's individual capacity and that Customer will not commence or join any class or consolidate Customer's claim with the claims of any person or persons. Customer hereby waives any right to a jury trial.
All software utilized or provided by iTalkBB in connection with the iTalkBB Prime Services or Equipment shall be and at all times remain sole property of iTalkBB and are protected by all applicable intellectual property rights laws, including, without limitation, copyright laws and international treaties.
iTalkBB shall not be liable for any delay in performance caused by acts of God, natural disasters, accidents, strikes, riots, war, government actions, equipment or power failures or any other cause beyond its control.
Customer may not assign or transfer this Agreement or its obligations hereunder in whole or in part. iTalkBB may assign this Agreement at in time and in its sole discretion.
This Agreement constitutes the entire understanding and agreement between iTalkBB and Customer and supersedes all prior written or oral agreements related in any way to the subject matter hereof.
Updated: September 23, 2019
Copyright iTalk Global Communications, Inc.2019