Terms and Conditions
SERVICE DESCRIPTION
Service Term. The Service is offered on a month-to-month basis, beginning on the date WTS Telecom activates Service, and automatically renews on a monthly basis. You may cancel the Service at any time by contacting WTS Telecom Support. Since WTS Telecom is a prepaid service unused credits will be refunded via wire or check.
USE OF SERVICE
Resale and Transfer. You are expressly prohibited from reselling or transferring the Service, Equipment, and/or software to any other person for any purpose, without express written permission from WTS Telecom in advance.
Calling Limitations. WTS Telecom does not support certain call types offered by traditional phone services, including, but not limited to, 0+ calling (including without limitation collect or third party billing), 900 and 976 calls, and 10-10 "dial-around" calls. The Service may not support 311, 511, and/or other x11 services (other than 911 and 411) in some or all Service areas.
Network Integrity and Security. You are expressly prohibited from any use of the Service or any other action that, in WTS Telecom sole discretion, is deemed to present a risk to the network integrity or security of WTS Telecom or its vendors, whether directly or indirectly. WTS Telecom, in its sole discretion, may terminate your Service without advance notice if it determines your actions could cause a network disruption or security breach.
Unlawful and Prohibited Use. You agree to use the Service only for lawful purposes. You are expressly prohibited from using the Service to transmit or receive any communication or material of any kind when in WTS Telecom sole judgment the transmission, receipt, or possession of such communication or material would constitute, or encourages conduct that would constitute, a criminal offense, give rise to a civil liability, or otherwise violate any applicable laws. You acknowledge that neither WTS Telecom nor its vendors are responsible for the content of the transmission that may pass through the Service. You are expressly prohibited from using the Service or Equipment for any abusive or fraudulent purpose, including using the Service in a way that interferes with our ability to provide the Service to you or other customers or avoids your obligation to pay for communications services. WTS Telecom, in its sole discretion, may terminate your Service without advance notice if it believes you have violated the aforementioned restrictions, or if you act in a manner that is threatening, obscene, harassing, or abusive to WTS Telecom personnel. You are liable for any and all use of the Service by any person using the Service provided to you and agree to indemnify and hold harmless WTS Telecom against any and all liability for any such use. If WTS Telecom, in its sole discretion, believes that you have violated the aforementioned restrictions, WTS Telecom may forward personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.
Audit and Law Enforcement. WTS Telecom reserves the right to audit your use of the Service to enforce the provisions of this Agreement. WTS Telecom reserves the right to track and monitor your Service and usage subject to the requirements of the United States Patriot Act and other laws and appropriate law enforcement processes. You acknowledge and agree that this Agreement is sufficient notice to you of such monitoring to the extent any notice is required under applicable federal or state law.
CHARGES AND PAYMENTS
Billing. WTS Telecom is a prepaid Global Termination Service Provider. After the Service is activate you will receive a weekly usage statement with you current balance. Please contact us at billing@wtstelecom.com for any inquires on balances, billing statements and general questions.
Price and Price Changes. Prices and charges relating to the Service are posted on the WTS Telecom website. We may change the prices and charges for the Service from time to time. We may decrease prices without providing advance notice. Increases to the prices or charges for the Service are effective no sooner than seven (7) days - after posted on the WTS Telecom website or you are otherwise notified of the changes.
Rate Changes. Unless otherwise agreed, rate increases are effective per the terms of the agreement governing the relationship of the parties. Rate decreases are effective on the date indicated above. The start time on the effective dates of the rate changes is 00:00:00 GMT. The rates contained in this RCN ("Rate Change Notification")emailed to customers and updated on the WTS Telecom website apply to the specific-City codes detailed alongside such rates. The Route Descriptions ("Prefixes") are provided for convenience only. In all cases the country-city codes shall govern. The email you selected in the contract will determine where we send the list of all Country-City codes for this rate modification notice. Please refer to your given contract for all details.
Taxes. You are responsible for, and must pay, any applicable federal, state, local, or other governmental sales and Universal Service Fund fees.
Service Interruption. You acknowledge and agree that credit allowances for interruption of the Service will not be provided.
Billing Disputes. You must notify WTS Telecom within thirty (30) days after receiving your weekly statement if you dispute any WTS Telecom charges on that statement or such dispute will be deemed waived.
LIMITATIONS OF LIABILITY
BY ENROLLING IN, ACTIVATING, USING, OR PAYING FOR THE SERVICE, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE LIMITATIONS OF WTS TELECOM SERVICE DESCRIBED HEREIN.
WTS TELECOM LIABILITY TO YOU ON ACCOUNT OF ANY ACT OR OMISSION OF WTS TELECOM RELATED TO THIS AGREEMENT SHALL BE LIMTED TO ACTUAL DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY, OR BODILY INJURY OR DEATH, PROXIMATELY CAUSED BY WTS TELECOM GROSS NEGLIGENCE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL WTS TELECOM HAVE ANY LIABILITY TO YOU WHATSOEVER ON ACCOUNT OF ANY ACT OR OMISSION OF WTS TELECOM RELATED TO 911 EMERGENCY DIALING. UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, REGARDLESS OF THE FORM OF ACTION. WTS TELECOM AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND REPRESENTATIVES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES OR MODIFICATIONS TO, OR LOSS OR DESTRUCTION OF, ANY OF YOUR SOFTWARE, FILES, DATA, OR PERIPHERALS. FURTHERMORE, IN NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF WTS TELECOM OR ITS AFFILIATES ARISING WITH RESPECT TO THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID UNDER THIS AGREEMENT BY YOU TO WTS TELECOM IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE CLAIM.
Events Beyond Our Control. WTS Telecom will not be responsible to you for any delay, failure in performance, loss, or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control.
Privacy. WTS Telecom Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. WTS Telecom is not liable for any lack of privacy which may be experienced with regard to the Service. In addition, WTS Telecom will provide personally identifiable customer and call detail information in response to lawful government requests, subpoenas, and court orders, as well as law enforcement requests.
Notices. WTS Telecom primarily communicates with users of the Service via e-mail. Email is used to communicate important information about the Service, including billing and changes to the Service, much of which is time-sensitive. You acknowledge that e-mail from WTS Telecom constitutes official notice from WTS Telecom and that you are required to read in a timely manner all e-mail messages sent to the email address specified by you at the time of registration for the Service in order to avoid any potential disruption of the Service. You also acknowledge that you are responsible for notifying WTS Telecom of any changes in your email address.
Survival. The provisions of this Agreement relating to indemnification (including those relating to 911 Emergency Dialing), limitations on liability, warranty limitations, billings, and your obligations to pay for the Service provided, including any additional usage charges, shall survive any termination of this Agreement or termination of the Service.
Non-Waiver. Failure by WTS Telecom to insist upon strict performance of any terms or conditions of this Agreement or failure or delay to exercise any rights or remedies provided herein or by law shall not release you from any of the warranties of obligations of this Agreement, and shall not be deemed a waiver of any right of WTS Telecom to insist upon strict performance hereof or any of its rights and remedies.
Changes to this Agreement. WTS Telecom may change this Agreement from time to time. Any changes will be posted at the Terms of Service section of the WTS Telecom website, currently located www.wtstelecom.com/terms.html. Notice will be considered, received by you and any such changes will become binding and effective on the date the changes are posted to the WTS Telecom website, except in the case of changes to the prices or charges, when we will comply with our notice commitments described above. IF YOU CONTINUE TO BE ENROLLED IN, USE, OR PAY FOR THE SERVICE AFTER ANY CHANGES IN THE PRICES, CHARGES, TERMS, OR CONDITIONS, YOU AGREE TO THE CHANGES. The Agreement as posted supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of the Equipment.
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