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These Terms of Service, together with any Activation Agreements, Order Forms and any addendums or exhibits thereto executed by and between Brighter.Tel and Customer which are incorporated herein by reference, constitute the agreement (“Agreement”) between Valinor LLC DBA Brighter.Tel, (“we,” “us” “Brighter.Tel” or “Valinor LLC”) and the Customer (“you,” “user”, “Customer”) of Brighter.Tel business services and any related products or services (“Services”).
BRIGHTER.TEL OFFERS ITS SERVICES AND EQUIPMENT SOLELY FOR BUSINESS USE, PURSUANT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. CUSTOMER MUST ACCEPT AND COMPLY WITH THESE TERMS OF SERVICE IF CUSTOMER PURCHASES OR USES BRIGHTER.TEL’S SERVICES OR EQUIPMENT. BY SIGNING THIS AGREEMENT ELECTRONICALLY OR BY ANY OTHER FORM OF EXECUTION, OR BY UTILIZING THE SERVICES OR EQUIPMENT, CUSTOMER (A) ACCEPTS THIS AGREEMENT AND AGREES TO BE LEGALLY BOUND BY ITS TERMS; AND (B) REPRESENTS AND WARRANTS THAT: (I) ITS REPRESENTATIVE ACCEPTING THESE TERMS FOR CUSTOMER IS 18 YEARS OF AGE OR OF LEGAL AGE TO ENTER INTO THIS BINDING AGREEMENT; AND (II) IT HAS THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE ORGANIZATION OR LEGAL ENTITY THAT IS THE CUSTOMER, AND TO BIND SUCH ORGANIZATION OR LEGAL ENTITY TO THESE TERMS. IF CUSTOMER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, NEITHER CUSTOMER NOR ITS AUTHORIZED USERS MAY DOWNLOAD, INSTALL, OR USE THE SERVICES OR EQUIPMENT.
1. BASIC DEFINITIONS USED IN THIS AGREEMENT
a) Activation Date” means the date on which Brighter.Tel activates your Service
b) Agreement” means this Terms of Service.
c) “Authorized Users” means those individuals designated as users by the Customer and who are employees of the Customer.
d) “Customer” (“Client”) means the individual or legal entity with whom Brighter.Tel has a business relationship and/or is accessing and/or is using Brighter.Tel’s Service and Equipment.
e) “Customer Premise Equipment” means a telephone or other service provider equipment that is located on the customer’s premises (physical location) rather than on the service provider’s premises or in between, such as telephone handsets.
f) “Device” means a Phone(s).
g) “Equipment” means devices, such as an IP phone (“Phone” or “Device”), Multimedia Terminal Adapter, Analog Telephone Adapter, switch, router or any other IP connection device.
h) “Parties” means Brighter.Tel and Customer.
i) “Softphone” means a software program for making telephone calls over the Internet using a general purpose computer rather than dedicated hardware. The softphone can be installed on a piece of equipment such as a desktop, mobile device, or other computer and allows the user to place and receive calls without requiring an actual telephone set.
j) “Subscriber” means a Customer.
k) “Virtual Number” means a number without a directly associated telephone line, also known as a direct inward dialing (DID) or access number.
l) “VoIP Service” or “Service” refers to the fully unified communications solution being offered by Brighter.Tel to Customer.
m) “You,” “your” and “yours” mean the Customer and all Authorized Users using the Brighter.Tel Service and Equipment
2. Terms And Termination of Agreement
2.1 Term
This Agreement is effective upon the date signed. Unless otherwise noted, this Agreement shall remain in force for a duration of not less than 24 months beginning from the Activation Date. This Agreement may only be terminated by Client upon sixty (60) days written notice if Brighter.Tel (a) fails to fulfill in any material respect its obligations under this Agreement and does not cure such failure within thirty (30) days of receipt of such written notice, or (b) terminates or suspends its business operations, unless it is succeeded by a permitted assignee under this Agreement. This Agreement may be terminated by Brighter.Tel upon sixty (60) days written notice to Client. If either party terminates this Agreement, Brighter.Tel will assist Client in the orderly termination of services, including timely transfer of the services to another designated provider. Client agrees to pay Brighter.Tel the actual costs of rendering such assistance.
2.2 Auto-Renewal
(a) Auto-Renewal Where Term is Greater Than Thirty Days. At the end of your Initial Term and each Renewal Term, your Service will automatically renew for a renewal term of a duration that is the same as your Initial Term (each a “Renewal Term”) unless you send via an e-mail directed to billing@brighter.telwritten notification of your desire to terminate Service at the end of the then-applicable Initial Term or Renewal Term (“Termination Notice”). The Termination Notice must be received at least sixty (60) days before the expiration of the then applicable Initial Term or Renewal Term or the agreement shall automatically renew.
(b) Auto-Renewal Where Term is Month-to-Month. If your Service is based on a month-to-month term, your Service will continue month-to-month until you send to Brighter.Tel by USPS certified mail or via an e-mail directed to billing@brighter.telwritten notification of your desire to terminate Service (“Termination Notice”). The Termination Notice must be received at least thirty (30) days before the expiration of the then-current month of the Term or you will be responsible for payment for the subsequent full month. The Termination Notice is valid only if it includes your Brighter.Tel phone number, Customer name, date you wish the Service to be terminated and is submitted in accordance with this section.
(c) Notice to Terminate by Brighter.Tel. If Brighter.Tel does not desire that a Term extend through auto-renewal, Brighter.Tel shall give you a Termination Notice in the same manner and time frame as required of you, the effect of which shall be termination of Service at the end of the then-applicable Term.
2.3 Early Termination Fee & Minimum Commitment Fee
If, for any reason, this Agreement is terminated prematurely by Client, Brighter.Tel reserves the right to assess an Early Termination Fee equal to 50% of the originally contracted services multiplied by the amount of remaining months in the original Agreement.
2.4 Activation Date
Activation Date shall be defined as the date your services are available for use with either a temporary or ported number. This does not require the installation of equipment or registration of any telephony devices. Billing of subscribed services will commence on the Activation Date. Use of the services by Client is not a requirement for services to considered active or billable.
3. 30 DAY SATISFACTION GUARANTEE
We are confident that you will find Brighter.Tel to be an ideal solution for your communication needs, but in the event you do not find it to be a good fit for you, you can upgrade, downgrade or cancel your activation within the first 30-days from the Activation Date by sending written notice to support@brighter.tel within the 30-day period. If you downgrade or cancel, we will refund the applicable activation fee and monthly charge for the first month of Service. Before you make a decision, we hope you will reach out to share your issues and give us a chance to meet your needs as the problem may be unrelated to Brighter.Tel, such as Internet provider outages, customer/ISP network packet loss, or customer owned equipment failures or non-compatibility (ex. switches, router, non-supported firewall). These same problems will likely exist with any VoIP providers so let our trouble shooter experts assist you.
If cancelling during the 30-day guarantee period, please email support@brighter.tel, return the Equipment to us (cost of shipping to be borne by you) and a refund will be issued, unless the Equipment is damaged or missing. Federal excise taxes and any other applicable taxes cannot be refunded. You will remain responsible for any charges for usage fees including but not limited to local or international usage, calls to Brighter.Tel toll free numbers and directory assistance. We reserve the right to terminate or revoke this money back guarantee at any time, without prior notice.
4. E911 Limitations
Brighter.Tel is subject to FCC requirements to provide notifications of any E911 limitations that may be associated with BRIGHTER.TEL ‘s service. Such limitations and notices are made publicly available at https://brighter.tel/e911
Client agrees that they have reviewed and accept such limitations.
5. NONDISCLOSURE
5.1 Confidential Information. Except as noted in section 5.2, as used in this Agreement, “Confidential Information” means any information furnished or disclosed, in whatever form or medium, by Brighter.Tel, and includes, without limitations, contract terms, financial information, business procedures, processes, and the fact that Brighter.Tel and Client are negotiating or are parties to this agreement, all of which is deemed confidential and proprietary.
5.2 Use of Confidential Information. BrighterTel and Client shall only use Confidential Information for the purpose of performing services under this Agreement, and shall make no use of the Confidential Information, in whole or in part, for any other purpose. Both parties agree to refrain from disclosing the Confidential Information to third parties, unless one of the parties has given its prior written authorization to the other. The parties further agree to take all reasonable steps to preserve the confidential and proprietary nature of the Confidential Information. However, if the parties are required by subpoena or other court order to disclose any of the Confidential Information, the party shall provide immediate notice of such request to the other party and shall use reasonable efforts to resist disclosure. If, in the absence of a protective order or the receipt of a waiver under this Agreement, the parties are legally required to disclose any Confidential Information, then the parties may disclose such information without liability under this Agreement.
5.3 Remedies for Breach of Nondisclosure. The Confidential Information protected by this Agreement is of a special character, such that money damages, although available, would not be sufficient to award or compensate for any unauthorized use or disclosure of the Confidential Information. The parties agree that injunctive and other equitable relief would be appropriate to prevent any such actual or threatened unauthorized use or disclosure.
6. DEVICE/EQUIPMENT TERMS
6.1 Use of Service only; Customer Supplied Equipment; Use of Interface Devices. For Service only customers, you are responsible for supplying, operating and supporting the Customer Premise Equipment for use with the Service. In addition, any customer supplied equipment must be pre-approved by Brighter.Tel in writing. Regardless of whether Brighter.Tel approved your customer supplied equipment, if your self-selected equipment is incompatible with the Service or interferes with the effectiveness and delivery of the Service, you shall not hold Brighter.Tel responsible for such issues and will not be given a reduction of fees or the right to terminate Service prior to the end of your Term, in accordance with these Terms of Service. We reserve the right to prohibit the use of any interface device that we have not provided to you. You hereby represent and warrant that you possess all required rights, including software and/or firmware licenses, to use any interface device that we have not provided to you. In addition, you shall indemnify and hold us harmless against all liability arising out of your use of such interface device with the Service.
6.2 Theft of Device/Service. You shall notify us immediately, in writing or by calling our customer support line, if the Equipment is stolen or if you become aware at any time that your Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When you call or write, you must provide your account number and a detailed description of the circumstances of the Equipment theft, fraudulent use or unauthorized use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as we receive notice of the theft, fraudulent use or unauthorized use, you will be liable for all use of the Service using a Device stolen from you and all stolen, fraudulent or unauthorized use of the Service.
6.3 Warranty on Purchased Phones. All Phones purchased through Brighter.Tel (not any 3rd party) are eligible for a warranty that is the manufacturer’s warranty. The warranty covers defects in the Phone, not your loss of a phone or damage to it. Brighter.Tel will cover replacement phone cost and shipping cost to your location and return shipping. The defective phone(s) must be received within (7) business days by our Return Merchandise Authorization department or you will be charged the full retail price of a new Phone.
6.4 Rented Equipment. Brighter.Tel provides customers with the opportunity to rent Equipment. To rent Equipment, Customer must have a 36-month Initial Term. The rented Equipment is under warranty throughout the Term so long as Customer has timely paid invoices. The warranty covers defects in the Equipment, not your loss or damage thereto. If you elect to rent Equipment from Brighter.Tel, you will execute an Addendum to this Agreement, or the rental terms will appear in your Activation Agreement or Purchase Order.
(a) Rental Termination Fee (phones, etc). If you have rented Equipment from Brighter.Tel and terminate this Agreement before the end of the then-applicable Term, you will be liable for an early termination fee of: (a) FULL MRSP PRICE for each PHONE/DEVICE returned to Brighter.Tel before HALF of the Term has transpired and (b) HALF MRSP PRICE for each PHONE/DEVICE returned to Brighter.Tel after HALF of the Term has transpired. You may also be charged a Restocking fee of $75.00 per Device for Devices returned prior to the end of the applicable Term.
(b) Return of Rented Equipment. If you are renting Equipment from Brighter.Tel, you are legally responsible for returning such Equipment, at your expense, in good working order and condition upon termination of Service. If you fail to return the Equipment within thirty (30) business days of the effective date of termination, and continue to fail to do so for ten (10) days after receipt of notice from Brighter.Tel, criminal charges may be filed against you for theft of equipment not returned to Brighter.Tel, and any other appropriate civil and criminal claims may be filed against you. If the Equipment is damaged when received by Brighter.Tel, you will be charged a FULL MRSP.
6.5 Risk of Loss. Whether you purchase Equipment from Brighter.Tel or lease Equipment from Brighter.Tel, you bear all risk of loss of, theft of, casualty to or damage to the Equipment, from the time it is shipped to you until the time (if any) when it is returned to Brighter.Tel, in accordance with this Agreement. You will be charged FULL MRSP PRICE for each rented PHONE/DEVICE that is lost, stolen or damaged.
7. SERVICE LEVEL AGREEMENT
7.1 Technical Support SLA. Brighter.Tel strives to respond to all service requests within four (4) Business Hours, and all service impacting requests within two (2) hours. If a support issue is deemed to be caused by something other than a Brighter.Tel provided Device or Service that has not been damaged by Customer, on-site support will be billed at $100 per hour with a $75 destination fee. After-Hours support for non-service impacting issues will be billed at $150 per hour in 30-minute increments for remote support. On-site After-Hours support for non-service impacting issues will be billed at $150 per hour (2-hour minimum) plus a $75 destination fee. After Hours support for service impacting issues caused by a Brighter.Tel provided Service will be covered by your standard subscription unless otherwise stated on your Service Activation Form. After Hours are defined as the CST hours between 5:00 p.m. and 8:00 a.m. CST M-F and weekends.
7.2 Platform SLA. Brighter.Tel’s UCaaS platform has a 99.99% uptime guarantee. Failure to meet that uptime on any given month will result in a 10% credit on your next month’s statement for any services that are directly related to this platform. This uptime guarantee does not include downtime experienced for scheduled maintenance. All scheduled maintenance will be announced ahead of time and performed After Hours. Further, interruptions or interference with your use resulting from causes outside of Brighter.Tel’s control do not qualify for a credit, including but not limited to: Internet provider outages, customer/ISP network packet loss, or customer owned equipment failures or non-compatibility (ex. switches, router, non-supported firewall) and other issues set forth in Section 11.1 which are not caused by Brighter.Tel.
8. BILLING; BILLING DISPUTES; PAYMENTS
8.1 Billing; Fees and Charges. When the Service is activated, you must provide us with a valid email address and Brighter.Tel will bill all charges, applicable taxes and surcharges monthly in advance (except for usage-based and applicable support charges, which will be billed monthly in arrears, and any other charges which we decide to bill in arrears) to your credit/debit card or ACH/eCheck in a manner that is consistent with your service activation and/or order form, including but not limited to:
Notification of monthly invoices will be sent to you via your email address on file with us. Any usage charges will be billed in increments that are rounded up to the nearest minute except as otherwise set forth in the rate schedules found on our website. Notwithstanding the foregoing, if new features, users, equipment or services are added which you utilize, Brighter.Tel can charge you for those enhancements to your Service resulting in an increase in the pricing set forth in your monthly invoices. Any new recurring charges will be approved via an Addendum and agreed upon by Client.
8.2 Taxes. You are responsible for all applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to you in accordance with this Agreement. If you are exempt from payment of such taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status, and by making this submission to us, you are indemnifying Brighter.Tel for any liability associated with your representation should it be incorrect. Tax exemption will only apply from and after the date we receive such certificate.
8.3 Billing Disputes. You must notify us via email or support ticket within thirty (30) days after the invoice date if you dispute any Brighter.Tel charges or you will be deemed to have waived any right to contest such charges. All notices of disputed charges should be sent to: billing@brighter.tel
8.4 Payments. Brighter.Tel only accepts payment by credit, debit card and ACH, unless other payment terms have been explicitly agreed to in writing by Brighter.Tel. Client is required to maintain an automated method of payment on file. Your subscription to the Service authorizes Brighter.Tel to charge your credit, debit card and ACH. This authorization will remain valid until thirty (30) days after we receive written notice from you terminating our authority to charge your credit or debit card, whereupon we will charge your credit or debit card for the termination fee, if applicable, and any other outstanding charges (including charges for damaged or unreturned rented Equipment) and terminate your Service.
8.5 Late Fee. A $3.95 late fee or 2% of the monthly invoice (whichever is greater) will be assessed if an invoice is not paid within twenty-one (21) days of the Payment Due Date.
8.6 Collection. If any monies you owe to Brighter.Tel are past due and Brighter.Tel incurs collection costs, including but not limited to attorney’s fees and costs, Brighter.Tel shall be entitled to fully recover these collection costs from you.
8.7 Suspension of Service. All invoices have NET15 payment terms unless otherwise stated in a written agreement by and between you and Brighter.Tel. Customer accounts overdue by forty-five (45) days or more will face automatic service suspension. Declined method of payments for these accounts may result in automated suspension of Service. Brighter.Tel shall also have the right to suspend Service in the event that you are in breach of the other terms of this Agreement and either fail to cure the breach in a reasonable time after notice or refuse to cure the breach. You are responsible for paying all monthly fees while Service is suspended due to non-payment.
9. MISCELLANEOUS CHARGES.
9.1 Payphone Charges. If you use our “Toll Free” feature or any toll free feature that we offer in the future, we will be entitled to recover from you any charges imposed on us either directly or indirectly in connection with toll free calls made to your number. We may recover these amounts by means of a per-call charge, rounded up to the next cent, or in such other fashion as we deem appropriate for the recovery of these costs.
9.2 Charges for Directory Calls (411). We will charge you $1.50 for each call made to Brighter.Tel directory assistance.
9.3 Charges for Conference Bridge Calls. This is a free service for up to 25 users. You must contact Brighter.Tel support at support@brighter.tel to enable conferences more than 25 callers. Overage is billed at .015 per minute / per conference participant. The per minute usage fee will be calculated based on all participants on the conference bridge, including on-network and off-network participants.
9.4 FCC Regulatory Fee: A regulatory fee is added to comply with all Federal and State Communication registrations and filings. The current fee is $15.43. This will change from year to year but will not exceed a 15% increase/decrease per year.
10. LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTIES
10.1 Limitation of Liability. Brighter.Tel shall not be liable for any delay or failure to provide the Service, including 911 Dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
* an act or omission of an underlying carrier, service provider, vendor or other third party;
* equipment, network or facility failure;
* equipment, network or facility upgrade or modification;
* force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions (including those associated with epidemics and pandemics);
* equipment, network or facility shortage;
* equipment or facility relocation;
* service, equipment, network or facility failure caused by the loss of power to you;
* outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of the Service caused by any third party;
* any act or omission by you or any person using the Service or Device provided to you; or
* any other cause that is beyond our control, including, without limitation, a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 Dialing) to be connected or completed, or forwarded.
Our aggregate liability under this Agreement will in no event exceed the lesser of (a) the Service charges with respect to the affected time period or (b) the Service charges paid by Customer to Brighter.Tel in the six (6) month period prior to the event giving rise to liability.
10.2 Disclaimer of Liability for Damages. IN NO EVENT WILL BRIGHTER.TEL, ITS OWNERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THE SERVICE AND EQUIPMENT THAT IS THE SUBJECT OF THIS OR ANY OTHER AGREEMENT BETWEEN BRIGHTER.TEL AND YOU BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE OR EQUIPMENT, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE OR TO OBTAIN EMERGENCY HELP UNLESS CAUSED BY BRIGHTER.TEL’S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT BRIGHTER.TEL OR ITS AGENTS WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
10.3 No Warranties on Service. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE OR EQUIPMENT WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER BRIGHTER.TEL NOR ITS OWNERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES OR EQUIPMENT OR OTHER PRODUCTS TO CUSTOMER IN CONNECTION WITH THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION UNLESS CAUSED BY BRIGHTER.TEL’S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
10.4 Device Warranties.
(a) Limited Warranty. Except as set forth herein, if you received the Device new from Brighter.Tel and the Device included a limited warranty at the time of receipt, you must refer to the separate limited warranty document provided with the Device for information on the limitation and disclaimer of certain warranties. Remedies for breach of any such warranties will be limited to those expressly set forth in such documentation.
(b) Disclaimer. OTHER THAN WARRANTIES AS TO THE DEVICE PURCHASED FROM BRIGHTER.TEL AND EXPRESSLY SET FORTH IN THE MANUFACTURERS WARRANTY DOCUMENTATION PROVIDED WITH THE DEVICE, WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE DEVICE OR ANY FIRMWARE OR SOFTWARE IS “ERROR FREE” OR WILL MEET CUSTOMER’S REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE.
11. PRIVACY AND SECURITY.
Brighter.Tel’s Service utilizes, in whole or in part, the public Internet and third-party networks to transmit voice and other communications. Brighter.Tel is not liable for any lack of privacy which may be experienced with regard to the Service. Brighter.Tel uses all latest technology and best efforts to ensure your data is encrypted and secure, including but not limited to voice transport layer security (TLS) and optional Secure Real Time Transport Protocol (SRTP). However, SRTP is optional and a chargeable feature. Please refer to our website at www.brighter.tel.com/privacy-policy for additional Privacy Policy information.
12. ELECTRONIC COMMUNICATIONS.
When you visit Brighter.Tel.com, sign up for Service, or send e-mails to Brighter.Tel, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically in return. It is your responsibility to maintain and update a valid email address with us at all times; Brighter.Tel is not responsible for interruptions, suspension, or termination of Service for non-payment due to you not receiving an email sent to you. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You cannot opt out of Brighter.Tel’s emails that are for regular account notifications, balance notifications, and subscription renewals which are essential to delivery of our Services and adherence to the terms hereof. However, you can opt out of newsletters and feature update announcements by clicking a link at the bottom of all optional email correspondence.
13. MISCELLANEOUS.
13.1 Assignment. Neither this Agreement nor any right hereunder nor interest herein may be assigned or transferred by the Customer without the express written consent of Brighter.Tel. Brighter.Tel may assign any or all of its rights and obligations under this Agreement without the Customer’s written consent to any affiliate or subsidiary or to another third party affiliate by way of merger, acquisition, consolidation, or sale or transfer of all or substantially all of Brighter.Tel’s assets or equity. Any attempted assignment, delegation or transfer to a third party hereto in violation hereof shall be null and void. Subject to the foregoing, this Agreement shall be binding on the Parties and their respective successors and permitted assigns.
13.2 Notice. Notices to the Customer in connection with this Agreement may be sent electronically at the then-current e-mail address associated with the Customer’s account, by facsimile at the then-current facsimile number associated with the Customer’s account, or by first class mail or nationally recognized overnight delivery service to the then-current mailing address associated with the Customer’s account. Notices to Brighter.Tel in connection with this Agreement may be sent electronically to billing@brighter.tel or by first class mail or nationally recognized overnight delivery service to the Billing Department address set forth in Section 16 hereinbelow. Either Party may change either its e-mail or postal address by notice pursuant to this provision.
13.3 No Third-Party Beneficiaries. No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third-party beneficiary rights.
13.4 Governing Law. The Agreement and the relationship between you and Brighter.Tel is governed by the laws of the State of Arkansas without regard to its conflict of law provisions. All disputes must be resolved in Washington County, Arkansas.
13.5 Mandatory Arbitration and No Jury Trial. Any dispute or claim between you arising out of or relating to the Service or Equipment will be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration will take place in Washington County, Arkansas. The arbitrator’s decision will be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN TWO (2) YEARS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. All claims shall be arbitrated individually. You shall not bring or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.
13.6 No Waiver of Rights. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
13.7 Entire Agreement. This Agreement, including any future modifications as may occur within the terms of the Agreement, and the rates for Services found on our website constitute the entire agreement between you and Brighter.Tel and govern the use of the Service by you, members of your business, employees and guests. This Agreement supersedes any prior agreements between you and Brighter.Tel and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. The only exception hereto is if there is a written Addendum to these terms executed by Brighter.Tel and you which expressly states that it intends to modify these terms.
13.8 Severability. If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
13.9 Survival. All obligations of the Parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including without limitation, those provisions relating to Warranties and Limitation of Liability and Indemnification, shall survive such termination, cancellation or expiration.
14. REVISIONS TO TERMS OF SERVICE.
Brighter.Tel may change the terms and conditions of this Agreement from time to time, including the policies that are applicable to your usage of the Service. Notice is deemed given when Brighter.Tel posts the revised Terms of Service here: https://www.brighter.tel/terms-of-service/. Such changes will become binding on you on the date they are posted to our website and no further notice by us is required upon your continued use of the Service. You agree to visit this page and the links therein periodically to be aware of and review any such revisions. The Agreement as and when posted supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of the Device.
17. CONTACTS
Support:
479-845-8300
Billing Department:
Brighter.Tel
Attn: Billing Department
127 W. Sunbridge Dr.
Fayetteville, AR 72703
479-845-8300
Operating Hours:
Mon-Fri: 8AM – 5PM CST
Open 24×7 for service impacting issues
Tel: 479-845-8300