TERMS & CONDITIONS
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TERMS OF SERVICE, including the Order(s) and any applicable Service Attachments, which by this reference are incorporated herein (“Agreement”), are a binding agreement between Betterworld Technology, LLC., a Delaware corporation with its primary office at 1191 Freedom Drive 13th Floor Reston VA 20191, (“BetterWorld”), and the legal entity identified in the Order (“Customer”). BetterWorld and Customer may be individually referred to as a “Party” or collectively as the “Parties.”
BetterWorld provides services and equipment intended solely for business use, pursuant to the terms and conditions set forth in this Agreement and on the condition that customer accepts and complies with this Agreement. By electronically signing this Agreement, Customer (a) accepts this agreement and agrees that Customer is legally bound by its terms; and (b) represents and warrant that: (i) its representative is 18 years of age or of legal age to enter into a binding agreement; and (ii) has the right, power, and authority to enter into this agreement on behalf of the corporation, governmental organization, or other legal entity, and to bind such organization to these terms.
(1) Services: Customer agrees to purchase from BetterWorld the services specified on the Solutions Detail page for an initial service term specified (“Initial Service Term”). The effective date of the Initial Service Term will be the later of (10) ten business days after the date this proposal is electronically accepted and signed; or (2) the date that service is activated by BetterWorld. The Initial Service Term of this Agreement will commence on the Effective Date and continue until the last Order is terminated or expires, unless terminated earlier in accordance with its terms.
(2) Auto Renewal: The Initial Service Term will automatically extend for an additional one (1) year period (“Additional Service Term”) unless Customer notifies BetterWorld of cancellation, in writing, at least thirty (30) days prior to the expiration of the Initial Service Term or an Additional Service Term.
(3) Termination: If Customer discontinues service in whole or in part before the expiration of the Initial or Additional Service Term, the Customer shall be liable to BetterWorld for termination charges equal to the monthly line charges for those lines discontinued, (excluding taxes), multiplied by the number of months remaining in the term. In the event that BetterWorld is required to incur costs (collection and/or attorney fees) to recover amounts invoiced, BetterWorld may add these costs to any amounts outstanding.
(4) Limits on Liability: The BetterWorld 100% Satisfaction Guarantee BetterWorld’s liability for damages arising out of the furnishing of these services shall be limited to an adjustment or repair of the Services, and if any downtime exceeds twenty-four (24) consecutive hours, up to 100% of that month’s invoice for the affected location(s) will be refunded. BetterWorld will not be liable to the Customer for any consequential, indirect, special or punitive damages including loss of use, profits, revenue or goodwill with respect to any claims regarding the services to be provided hereunder.
(5) Letter of Authorization/Agency: BetterWorld will act as Customer’s authorized agent for all matters related to obtaining service records and to the provisioning of services listed in the solution pricing detail (page 6).. BetterWorld shall not release any information regarding Customer’s telecommunications services without first contacting the Customer and obtaining the Customer’s written approval. To the extent possible, BetterWorld shall freeze Customer’s services so that a third party (including another carrier) cannot complete a change without having the Customer contact BetterWorld and authorize the change.
(6) Billing: BetterWorld shall invoice the Customer one (1) month in advance for the Service(s). Any non-recurring charges shall be invoiced in arrears as soon as practical after the month the non-recurring Service(s) relate. In no event shall BetterWorld be responsible for any fraudulent or unauthorized use of the Service(s). Customer agrees to pay BetterWorld within 30 days, otherwise BetterWorld reserves the right to charge Customer a late fee of 1.5% per month for any outstanding balance. BetterWorld may suspend service or partial service to accounts past due.
(7) Payment: If any charges for the services are due but unpaid for any reason including, but not limited to, non-payment, returned check, or declined Credit Card charges, BetterWorld may suspend or terminate the services and all accrued charges shall be immediately due, plus a late fee of the lesser of 1.5% per month or the maximum allowed by law accrued from the date of invoice until payment in full is received by BetterWorld. If charges cannot be processed to the Credit Card and the Customer’s account is suspended, the Customer will be charged a fee of fifty dollars ($50.00) to activate the account. No suspension or termination of the Services or of this Agreement shall relieve the Customer from paying any amounts due hereunder.
(8) Disputed Charges: Customer agrees to pay all charges due and payable under the Customer Agreement without counter-claim, set-off or deduction, other than amounts disputed in accordance with this. To dispute a charge, Customer shall provide notice by email to email@example.com within sixty (60) days of the charge, setting forth the amount in dispute and the basis of the dispute in reasonable detail. Failure to so dispute a charge within such 60-day period shall constitute an irrevocable waiver of Customer’s right to dispute the charge. The parties shall attempt to resolve the dispute in good faith for a period of 45 days from the notice. If any charges remain in dispute at the end of the 45-day period, Customer shall pay the full amount due within 30 days, otherwise BetterWorld may exercise any available remedies for breach (without regard to any further notice requirement or opportunity for cure under these General Terms and Conditions, which shall be deemed waived).
(9) Taxes, Fees, Regulatory Fees: Prices for the Services do not include any customs duties, sales, use, value added, excise, federal, state, local, public utility, universal service or other similar taxes. All such taxes shall be paid by End User and will be added to any amounts otherwise charged to End User unless End User provides BetterWorld with an appropriate exemption certificate. If any amounts paid for the Services by End User are refunded by BetterWorld, applicable taxes may not be refundable. A Regulatory Recovery Fee will be charged monthly to offset costs incurred by BetterWorld in complying with inquiries and obligations imposed by federal, state and municipal regulatory bodies/governments and the related legal and billing expenses. This fee is not a tax or charge required or assessed by any government. The Regulatory Recovery Fee will apply to every phone number assigned, including toll free and virtual numbers.
(10) Indemnification: Each party shall defend, indemnify and hold the other party and its subsidiaries and their respective officers, directors, agents and employees harmless for any liabilities, obligations, suits, actions, costs, claims, damages or losses (including, but not limited to, court costs and reasonable expert and attorney’s fees) (collectively, “Damages”) arising in any way out of the negligent or otherwise wrongful act or omissions of such party or those of its officers, directors, agents or employees. This indemnity will not apply to Damages arising solely out of the negligence or wrongful acts of the party seeking indemnification or of its officers, directors, agents or employees. This indemnification provision shall survive expiration or termination of this Agreement.
(11) Online policies: The following BetterWorld policies are incorporated into this Agreement:
(12) Force Majeure: Neither party shall be liable for any delay in performing or failure to perform obligations hereunder if such failure or delay is a result of causes beyond the reasonable control of the responsible party.
Any condition beyond BetterWorld’s control including, but not limited to, meteorological or geological conditions, acts of God, either actual, anticipated, threatened or reported.
(13) General Terms and Conditions: Customer hereby authorize BetterWorld to switch my services as indicated to BetterWorld for the services/telephone numbers listed in this order or attachments, as well as any numbers associated with the lines listed (where available).
(14) Entire Agreement: The Agreement, together with any exhibits, Orders, and Attachments, each of which is expressly incorporated into this Agreement with this reference, constitutes the entire agreement between the Parties and supersedes and replaces any and all prior or contemporaneous understandings, proposals, representations, marketing materials, statements, or agreements, whether oral, written, or otherwise, regarding such subject.
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