Terms and Conditions
This Ring Beyond Cloud Hosted Communications Service Agreement (the “Agreement”) is between Ring Beyond, LLC (“Ring Beyond”) (hereafter “Ring Beyond”, “we” or “us”) and the Customer being any customer using goods and services provided by Ring Beyond, LLC (hereafter “Customer”, “you” or “your”) . Service and facilities provided are based on the Terms and Conditions contained herein. Customer accepts said Terms and Conditions and agrees to be bound by them. Using services constitutes an agreement to the Ring Beyond Terms of Service Agreement set out herein.
Customer understands and agrees that Ring Beyond only provides software applications and support and is not a telecommunications provider or telecommunications carrier. Customer hereby indemnifies Ring Beyond, LLC, its agents, employees, contractors, vendors, owners, successors, and assigns from any and all liability associated with providing all services under terms and conditions within the Ring Beyond Terms and Conditions or service agreement.
Transferring Services: Customer may decide to transfer their existing numbers, or services to Ring Beyond. Customers understands that if they are currently under a contract with their
Existing service provider that cancellation fees may apply. Ring Beyond will make their best effort to ensure that the customer is not currently under contract with their existing provider, but customer agrees to hold Ring Beyond harmless for any cancellation fees that may apply. If a customer later discovers that they are under contract, and have already signed a term agreement with Ring Beyond, this does not exempt customer from the Ring Beyond Service term and agreement.
Equipment. We may install equipment in and around your place of business. This equipment may include, but is not limited to, a Network Interface Device (“NID”), phones, switches, routers set top boxes and cabling (collectively the “Equipment”). Unless you purchase the Equipment from us, the Equipment is our property. You agree that you will not move any of the Equipment to another location outside your place of business either temporarily or permanently. You are responsible for the care and maintenance of the Equipment located at your place of business. You agree not to modify the Equipment in any way. If any of the Equipment is damaged, modified, lost, destroyed, tampered with, or stolen while in your possession, you will be responsible for the reasonable cost of repair or replacement of the affected Equipment. When you cease being a customer or move from your current location, you are responsible for returning the Equipment to us, with the exclusion of any wiring or equipment located outside your place of business, and obtaining a signed return receipt from us.
Installation. You hereby authorize us and/or our contractors to enter your place of business during normal business hours, or by appointment, to install, inspect, maintain, replace, or remove the Equipment. You also grant us the right to enter onto property owned or controlled by you at all reasonable times, even if you are not present, to install, inspect, maintain, replace or remove any of the Equipment located outside your place of business. Unless we are grossly negligent or intentionally harm any persons or property, we will not be responsible or liable for any damages caused by us while performing work on your property or in your place of business. We are not responsible for the operation, maintenance and repair of your television, computer or any other device owned by you to which we establish a connection. You may not install any device or equipment to our inside wiring or Equipment that will impair the integrity of our Equipment or network. You agree that we will have no liability for any damages and expenses you may incur as a result of any appointment regarding present or future work to be performed by us.
Service Availability. The Service is available throughout the Service Term, except in the case of scheduled maintenance of the Ring Beyond network and/or its underlying carrier’s network. Ring Beyond will use commercially reasonable efforts to provide prior notification via electronic mail (“email”) to Customer regarding any scheduled maintenance of Service. Ring Beyond may interrupt its provision of Service for unscheduled emergency maintenance without notice to Customer or Customer’s customers. Provision of the Service may also be interrupted by acts of other parties, including but not limited to utility providers and Ring Beyond’s underlying carriers. In no event shall Ring Beyond be responsible for consequential damages resulting from any disruption in the Service.
Limitation of Liability. EXCEPT AS PROVIDED HEREIN, IN NO EVENT WILL RING BEYOND BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF OR IN RELATION TO THE DEDICATED INTERNET ACCESS SERVICE, CPE, AND/OR ANY PRODUCTS OR SERVICE PROVIDED
BY THIRD PARTIES UNDER THIS AGREEMENT. RING BEYOND’S MAXIMUM LIABILITY UNDER THIS AGREEMENT IS LIMITED TO SERVICE CREDITS NOT TO EXCEED THE FEES PAID TO RING BEYOND BY CUSTOMER FOR THE SERVICE PROVIDED IN THE THREE MONTHS IMMEDIATELY PRIOR TO THEDATE OF THE EVENT GIVING RISE TO THE CLAIM. CUSTOMER DISCLAIMS ANY WARRANTIES OF ANY KIND AND RING BEYOND PROVIDES NO WARRANTIES OR GUARANTEES OF ANY KIND, EXCEPT AS SET OUT HEREIN.
Indemnity. CUSTOMER SHALL INDEMNIFY AND HOLD HARMLESS RING BEYOND ITS EMPLOYEES, IT’S AGENTS AND IT’S CONTRACTORS FROM AND AGAINST ANY LOSS, COST, CLAIM, LIABILITY, DAMAGE, OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES, COSTS, AND/OR COLLECTION FEES) TO OR BY ANY THIRD PARTY, RELATING TO OR ARISING FROM (A)
THE USE OF THE SERVICE PROVIDED TO CUSTOMER, WHETHER OR NOT CUSTOMER HAS KNOWLEDGE OF OR HAS AUTHORIZED ACCESS FOR SUCH USE, (B) ANY DAMAGE TO OR DESTRUCTION OF CPE (PHONES OR OTHER EQUIPMENT), AND (C) ANY MATERIAL BREACH OF THIS AGREEMENT BY CUSTOMER; AND REGARDLESS OF WHETHER SUCH CLAIM OR LIABILITY RESULTS FROM OR ARISES OUT OF THE NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR STATUTORY LIABILITY OF RING BEYOND, ITS EMPLOYEES, ITS AGENTS OR ITS CONTRACTORS.
No Warranties and Customer Assumption of Risk. RING BEYOND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, FOR THE RING BEYOND SERVICE (INCLUDING RING BEYOND CPE) PROVIDED UNDER THIS AGREEMENT AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RING BEYOND DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE SERVICE WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES. RING BEYOND EXERCISES NO CONTROL OVER, AND HEREBY DISCLAIMS ANY RESPONSIBILITY FOR, THE ACCURACY AND QUALITY OF ANY INFORMATION TRANSMITTED WITH THE USE OF THE SERVICE. CUSTOMER HEREBY EXPRESSLY ASSUMES THE RISK OF ITS OR ITS CUSTOMERS’ USE OF ANY INFORMATION TRANSMITTED VIA THE SERVICE.
911 Service: DISCLAIMER OF LIABILITY RELATED TO 911 SERVICES:
CUSTOMER ACKNOWLEDGES AND AGREES THAT ‘S SERVICE IS
INTERNET BASED AND THAT 911 SERVICES ARE DIFFERENT THAT THAT OF
TRADITIONAL WIRELINE SERVICE. FOR BASIC 911 OR E911 TO BE
ACCURATELY ROUTED TO THE APPROPRIATE EMERGENCY RESPONDER, THE CUSTOMER MUST PROVIDE THE TN ASSOCIATED WITH THE HOSTED IP-PBX FOR THE REGISTERED ADDRESS, IN THE `USERPART’ OF THE `FROM URI’
CONTAINED IN THE SIP `FROM’ HEADER. CUSTOMER MUST NOT IN ANY WAY
MANIPULATE THIS INFORMATION. CUSTOMER ACKNOWLEDGES THAT THE
Ring Beyond HOSTED IP-PBX SERVICE MAY NOT SUPPORT BASIC 911 OR E911 DIALING IN THE SAME MANNER AS TRADITIONAL WIRELINE PHONE SERVICE.CUSTOMER AGREES TO INFORM OF THE POTENTIAL COMPLICATIONS ARISING FROM BASIC 911 OR E911 DIALING. SPECIFICALLY, CUSTOMER ACKNOWLEDGES AND AGREES TO INFORM ALL EMPLOYEES, GUESTS, AND OTHER THIRD PERSONS WHO MAY USE THE SERVICE THAT BASIC 911 AND E911 SERVICES WILL NOT FUNCTION IN THE CASE OF A SERVICE FAILURE FOR ANY OF THE FOLLOWING REASONS: (A) POWER FAILURES, (B) SUSPENDED OR TERMINATED BROADBAND SERVICE, (C) SUSPENSION OF SERVICES DUE TO BILLING ISSUES, AND/OR (D) ANY OTHER SERVICE OUTAGES NOT DESCRIBED HEREIN. CUSTOMER FURTHER ACKNOWLEDGES THAT FAILURE TO PROVIDE
A CORRECT PHYSICAL ADDRESS IN THE REQUISITE FORMAT MAY CAUSE ALL BASIC 911 OR E911 CALLS TO BE ROUTED TO THE INCORRECT LOCAL
EMERGENCY SERVICE PROVIDER. FURTHERMORE, CUSTOMER RECOGNIZES
THAT USE OF THE SERVICE FROM A LOCATION OTHER THAN THE LOCATION
TO WHICH THE SERVICE WAS ORDERED, I.E., THE “REGISTERED ADDRESS,”
MAY RESULT IN BASIC 911 OR E911 CALLS BEING ROUTED TO THE
INCORRECT LOCAL EMERGENCY SERVICE PROVIDER. CUSTOMER ACKNOWLEDGES AND AGREES THAT , ITS UNDERLYING CARRIER, OR ANY OTHER THIRD PARTIES INVOLVED IN THE ROUTING, HANDLING, DELIVERY, OR ANSWERING OF EMERGENCY SERVICES OR IN RESPONDING TO EMERGENCY CALLS, NOR THEIR OFFICERS OR EMPLOYEES, MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, LOSS, FINE, PENALTY OR COST (INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES) AND CUSTOMER HEREBY WAIVES ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO THE PROVISION OF ALL TYPES OF EMERGENCY SERVICES TO CUSTOMER. CUSTOMER FURTHER AGREES AND ACKNOWLEDGES THAT IT IS INDEMNIFYING AND HOLDING HARMLESS FROM ANY CLAIM OR ACTION ARISING OUT OF ANY 911 CALL PLACED BY ANY PERSON INCLUDING WITHOUT LIMITATION CLAIMS ARISING OUT OF THE NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR STATUTORY LIABILITY OF , ITS EMPLOYEES, ITS AGENTS OR ITS CONTRACTORS, AND REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED ON BREACH OF CONTRACT, BREACH OF WARRANT, PRODUCT LIABILITY, TORT OR ANY OTHER THEORIES OF LIABILITY.
Entire Agreement/Consolidation Clause. Customer acknowledges and understands that Customer is to receive the Service detailed in this Agreement and the Customer is not relying on any affirmation of fact, promise or description from any person or entity, nor any other oral or written representation other than what is contained in this Agreement. Handwritten alterations or additions to this agreement made by Customer will not be considered part of this Agreement.
Class Action Waiver. Customer agrees that any dispute resolution or lawsuit related to the Services hereunder will be conducted only on an individual basis and not as a member of a Class Action.
Time Limitation. You agree that regardless of any statute or law to the contrary, any claim must be filed within the earlier of one (1) year after such claim arose or the termination of Service or be barred forever.
Enforceability. This Agreement shall be binding on the parties hereto and their respective personal and legal representatives, successors, and permitted assigns. If any provision of this Agreement is held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby.
Acceptance. By signing below and or using Ring Beyond products or services, I acknowledge that I have authority to enter into this Agreement on behalf of the Customer and that I have read and fully understand all of the terms and conditions set forth in this Agreement, and that Customer agrees to the terms and conditions of this Agreement. Use of Ring Beyond’s service and or your signature on the Customer Order binds you and your company to the terms and conditions.
Limitation of Liability and Indemnification. CUSTOMER AGREES THAT ALL SERVICES ARE PROVIDED BY RING BEYOND ON” AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT SUCH SERVICES WILL BE ERROR-FREE. RING BEYOND MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER’S COMPUTER FROM THIRD-PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE SERVICES ARE AT CUSTOMERS SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL RING BEYOND, ITS AFFILIATES OR PARENT CORPORATION, BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF RING BEYOND AND WHETHER OR NOT RING BEYOND HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENT, OR REMOVAL OF RING BEYOND’S EQUIPMENT, THE USE OR INABILITY TO USE THE SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD-PARTY SERVICES INCLUDING, BUT NOT LIMITED TO, E911 SERVICE AND SECURITY MONITORING, IN NO EVENT WILL RING BEYOND’S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE SERVICES. Customer agrees to defend, indemnify and hold harmless Ring Beyond, its affiliates and parent corporation, from and against any and all claims and expenses, including reasonable attorneys’ fees, arising out of or related in any way to the use of the Services by Customer or otherwise arising out of Customer’s breach of any material term of this of the Agreement.
Jurisdiction and Venue. Jurisdiction and venue for all disputes will be Vincennes, Indiana. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the agreement or the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This Agreement represents the entire understanding and agreement between Ring Beyond and Customer and supersedes all prior agreements, whether written or oral. No alternations or changes may be made to the Agreement, pricing schedules or any other document regarding any services provided by us except with the written approval of an officer of Ring Beyond. Except for the limitation set forth in Section 12 of these terms and conditions, no failure on the part of either party to exercise, and no delay in exercising, any right or remedy hereunder will operate as a waiver thereof; nor will any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right of remedy granted hereby or by law. The Agreement, a legally binding contract between Ring Beyond and Customer, binds and insures to the benefits of their respective principals, successors and assigns. The format, words and phrases used in this Agreement will have the meaning generally understood in the Telecommunications Industry. This Agreement will be construed in accordance with its fair meaning and not against the drafting party.