Terms and Conditions

BBTelsys Subscriber Agreement:

This is an agreement ("Agreement") between BB Telelphony Solutions LLC ("we", "us" or "BBTelsys") and you, an end user ("you" or "user") of BBTelsys's internet digital voice service (the "Service") as described herein. By establishing, activating, using or paying for the Service, you acknowledge that you have read and understood these terms, you agree to the terms and conditions in this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms, including those pertinent to 911 Emergency Dialing, and to the prices, charges and conditions provided to you in association with your enrollment, including marketing materials and the BBTelsys website, which are incorporated herein by reference. This Agreement governs the Service and any device, website or software used in conjunction with the Service.

Use of Service
Resale and Transfer
Residential Services
Calling Limitations
Local Number Portability
Network Disruption
Telephone Number
Use Outside the United States
Unlawful Use
Tampering
Theft of Service
Alternate Interface Devices
Copyright, Trademark, and Unauthorized Use
Audit and Law Enforcement

Charges and Payments
Billing
Commencement of Billing
Guarantee
BBTelsys Pre-paid Annual Plans
Price and Price Changes
Failure to Pay
Late Payment Charge
Fees and Taxes
Billing Disputes

Service Cancellation
Indemnification
Limitations of Liability
Warranty Limitations
Dispute Resolution by Binding Arbitration

Miscellaneous
General Provisions
Events Beyond Our Control
Assignment
Privacy
Survival
Changes to this Agreement

Service Requirements: The Service requires a VoIP enabled device obtained through BBTelsys or a third party that allows you to place and receive calls through the internet by using your high-speed Internet connection. BBTelsys Service does not typically provide, nor does it provide support for your high-speed Internet connection. This you need to supply at your own or a separate expense. We recommend that your high-speed connection has a capacity of at least 90 Kbps upstream and downstream. Since the Service depends on your high-speed connection, the correct configuration of the internet access device (IAD) or IP Phone, and an adequate power supply, BBTelsys does not guarantee continuous availability. You acknowledge and understand that the Service will not function in the absence of electrical power or if there is an interruption of your high-speed Internet connection. A power failure or internet interruption may require you to reset or reconfigure equipment in order to restore the Service.
Back to Top

Service Limitations: You understand and acknowledge that the Service may not be compatible with all non-voice communications equipment, including but not limited to, home security systems, medical monitoring equipment, fax machines, satellite television systems and computer modems. You waive any claim against BBTelsys for interference or disruption of such services and equipment. BBTelsys cannot accept or perform collect calls.
Back to Top

Service Term: The Service is offered on a month-to-month basis, beginning on the date BBTelsys activates Service, and terms of this Agreement automatically renew on a monthly basis. BBTelsys also offers the Service on a prepaid annual basis pursuant to optional BBTelsys yearly Service plans. You may cancel the Service at any time by contacting BBTelsys according to the procedure described on the BBTelsys website or sending an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it with all necessary account information. If you cancel Service prior to the end of a monthly term for a monthly plan, you will be responsible for paying a prorated charge for that month's charges of the then-current monthly term, including applicable fees and usage charges. If you cancel service on an annual Service plan before the end of the service then you will receive a prorated refund based upon the full months (excluding partial months) remaining in the Service plan. Expiration of the term or a notice of cancellation of Service does not excuse you from paying all unpaid, accrued charges due in relation to the Agreement.
Back to Top

Your Responsibility: You acknowledge and agree that you are fully responsible for all use on your account, and you accept full liability and responsibility for the actions of anyone who uses the Service via your account with or without your permission. You should safeguard your usernames and passwords, as well as the identifier of the internet access device or IAD (referred to as the "MAC address") which BBTelsys uses to authenticate usage on your account. Some of your calls may be transmitted over the public Internet, and you acknowledge that you are aware that the internet is not a secure network, and that third parties may be able to intercept, monitor, or corrupt information you transmit over the internet.
Back to Top

911 EMERGENCY DIALING SERVICE:

PLEASE READ THIS INFORMATION REGARDING 911 VERY CAREFULLY. BY ACTIVATING AND PAYING FOR THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE LIMITATIONS OF BBTELSYS 911 EMERGENCY DIALING SERVICE, AND UNDERSTAND THE DISTINCTIONS BETWEEN SUCH SERVICE AND TRADITIONAL 911 or E911 CALLS.

You agree to notify any user who may place calls using your Service, including any household residents or guests who may be present in your household or facility, of the limitations of BBTelsys 911 Emergency Dialing. We recommend that you maintain an alternative means of accessing emergency services in the event of Service disruption for any reason.

BBTelsys 911 Service: To activate this service, you must register the physical location of your VoIP device with BBTelsys, and that location must be within the geographic serving area of a Public Safety Answering Point ("PSAP") to which BBTelsys has enabled for this service. Please note BBTelsys 911 Service is not available in all areas because of local limitations. If you fail to activate and properly configure 911 Emergency Dialing, the Service will not support 911 Emergency Dialing, and you acknowledge and agree to this requirement. 911 Emergency Dialing will not function until you receive notification from BBTelsys, via electronic mail, that 911 Emergency Dialing has been successfully enabled for your Service, and you acknowledge and agree to this requirement.
Back to Top

Service Address: You MUST provide the address for which you are ordering the Service ("Service Address") during the registration process, which will be utilized by BBTelsys in the establishment and operation of 911 Emergency Dialing as part of the Service. Failure to provide and maintain the correct and proper Service Address may result in misdirecting 911 calls to the incorrect PSAP or emergency operator and/or the failure to reach the correct location and render emergency service when requested. You acknowledge that 911 dialing will not function properly if you move your Adapter to another Service Address, either temporarily or permanently, unless the new Service Address has been properly recorded and is in an area for which BBTelsys provides 911 Emergency Dialing. You may change your Service Address by calling BBTelsys customer service or following other procedures as may be specified by BBTelsys. The change of Service Address will not be effective until the change has been confirmed to you by BBTelsys, via email or other written correspondence. Change of Service Address could take as long as thirty days to properly update the 911 emergency databases, you should NOT rely on 911 emergency dialing during this time period or while temporarily traveling.
Back to Top

Enhanced 911 ("E911"): In U.S. areas in which BBTelsys provides 911 Emergency Dialing, BBTelsys supports E911 capabilities whenever available. When the caller dials 911 on a BBTelsys-enabled device with E911 service, BBTelsys will automatically deliver the location information you provided at the time of activation, or as subsequently and properly updated, validated and acknowledged by BBTelsys, to the PSAP with the 911 call. If the location information you provided is incorrect, the emergency call may be misdirected to a PSAP that does not serve your location, which as a result may be unable to render sufficient emergency service. You acknowledge that you are solely responsible for maintaining accurate physical location information on your BBTelsys account. If you move your BBTelsys equipment to another location, you must update your Service Address in accordance with the instructions obtained by calling BBTelsys customer service.
Back to Top

Basic 911: In some areas in which BBTelsys provides 911 Emergency Dialing, E911 may not supported, and your physical location information may not be automatically delivered to the PSAP with the 911 call. The PSAP or local emergency dispatcher receiving a non-E911 emergency call may not be able to capture and/or retain automatic number or location information. This means that the dispatcher may not know the phone number or physical location of the person who is making the 911 call. Therefore, a caller dialing 911 while using BBTelsys Service may need to immediately tell the dispatcher the location of the emergency, and the caller must not prematurely disconnect the line, since the dispatcher may not have the phone number to call back the caller. If the caller is unable to speak or sufficiently describe the location, the emergency dispatcher may not be able to render emergency service to the appropriate location.
Back to Top

911 Service Limitations: 911 Emergency Dialing will not function if the Adapter is not configured correctly or if your BBTelsys Service is not functioning for any reason, including, but not limited to, a power outage, high-speed service outage, or any suspension or disconnection of your BBTelsys Service. If there is a power or internet outage, you may be required to reset or reconfigure your equipment in order to reactivate BBTelsys Service, including 911 Emergency Dialing. For technical reasons associated with the possibility of network congestion in the event of a local disaster, there is a greater possibility that a BBTelsys 911 call will produce a busy signal, fail to be completed, or experience longer connection times, as compared to traditional 911 calls.
Back to Top

Acknowledgement: You understand and acknowledge that BBTelsys 911 Emergency Dialing has certain characteristics that distinguish it from traditional, legacy, circuit-switched 911 service. These characteristics may make BBTelsys unsuitable to some users. You should carefully evaluate your circumstances when deciding to activate BBTelsys service. You acknowledge that it is your responsibility to determine the technology or combination of technologies best suited to meet your emergency calling needs, and to make the necessary provisions for access to emergency calling services, such as maintaining a conventional phone line or wireless phone as a backup means of completing emergency calls.
Back to Top

Suspension of Your Account: You acknowledge and understand that a Service outage due to suspension of your account as a result of billing issues or any other reason, including, but not limited to, those reasons described elsewhere in this Agreement, will prevent all service, including Emergency 911 Dialing.
Back to Top

Indemnification: You acknowledge and understand that BBTelsys will not be liable for any Service outage and/or inability to dial 911 using BBTelsys or to access an emergency service personnel due to the characteristics and limitation of BBTelsys Service set forth in this document. You agree to defend, indemnify, and hold harmless BBTelsys, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, you or any third party user of the Service relating to the failure or outage of the Service, including those related to 911 dialing. You acknowledge that BBTelsys does not offer Lifeline service, and that we strongly recommend that you always have an alternative means of accessing emergency service. This provision supplements the general indemnification provision found below.
Back to Top

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 BBTelsys in advance.
Back to Top

Residential Services: Residential Service plans are intended for residential use only. You are expressly prohibited from using the Service for autodialing, telemarketing (including without limitation charitable or political solicitation or polling), continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that results in excessive usage inconsistent with normal residential or home office usage patterns. If BBTelsys determines, in its sole discretion, that you are reselling the Service, allowing persons residing outside of your household to regularly use the Service, or that your Service is being used for any of the aforementioned activities, BBTelsys reserves the right to immediately terminate without notice or modify the Service and to assess additional charges for each month in which excessive usage occurred.
Back to Top

Calling Limitations: BBTelsys 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.
Back to Top

Local Number Portability: If you transfer an existing phone number which is currently subscribed to a carrier other than BBTelsys, the following terms and conditions apply: (1) you hereby authorize BBTelsys to notify your local telephone company of your decision to switch your local services to BBTelsys and to transfer your telephone number, and represent that you are authorized to take this action; (2) you acknowledge and agree that you must successfully install and activate your access device or internet phone prior to the date that the number switch becomes effective; and (3) BBTelsys has the right to refuse to import a number if, in its sole discretion, it does not have the infrastructure to support the number.
Back to Top

Network Disruption: You are expressly prohibited from any use of the Service or any other action that causes a disruption in the network integrity of BBTelsys or its vendors, whether directly or indirectly. BBTelsys, in its sole discretion, may terminate your Service without advance notice if it determines you are responsible for such disruptions.
Back to Top

Telephone Number: You may not sell any telephone number assigned by BBTelsys ("Number"). Upon termination of the Service, BBTelsys will, release a Number that was ported in from a previous service provider to BBTelsys by you and used in connection with your Service provisioned by BBTelsys to your new service provider, if such new service provider is able to accept such Number, provided that your entire account has been terminated, that you have paid all charges due to BBTelsys, and that you request the transfer upon terminating your account.
Back to Top

Use Outside the United States: The Service is intended for use in the United States. If you use the Service in a country other than the United States, you do so at your sole risk, including the risk that such activity violates local laws in the country where you do so. Use of the Service is expressly prohibited wherever its use violates local laws, and you are personally liable for any such violations. BBTelsys reserves the right to terminate your Service immediately and without notice if it determines that you are using the Service in violation of applicable local laws.
Back to Top

Unlawful 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 BBTelsys's 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 are expressly prohibited from using the Service for any abusive or fraudulent purpose, including using the Service in a way that interferes with our ability to provide Service to you or other customers or avoids your obligation to pay for communications services. BBTelsys, in its sole discretion, may terminate your Service without advance notice if it believes you have violated the aforementioned restrictions. 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 BBTelsys against any and all liability for any such use. If BBTelsys, in its sole discretion, believes that you have violated the aforementioned restrictions, BBTelsys may forward personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.
Back to Top

Tampering: You agree not to change the electronic serial number or equipment identifier, or to perform a factory reset of a BBTelsys internet access device, without express written permission from BBTelsys. You agree not to disrupt the Service or make any use of the Service that is inconsistent with its intended purpose or to attempt to do so. BBTelsys, in its sole discretion, may terminate your Service without advance notice should you tamper with the device.
Back to Top

Theft of Service: You agree to notify BBTelsys immediately if the internet access device provided by BBTelsys for the Service is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. You must provide a detailed description of the circumstances of the theft or stolen or fraudulent use of the Service and supply any additional documentation reasonably requested by BBTelsys. Failure to do so in a timely manner may result in the termination of your Service and additional charges.
Back to Top

Alternative Interface Devices: If you decide to use the Service through an interface device not provided or supported by BBTelsys, which BBTelsys reserves the exclusive right to prohibit, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless BBTelsys and its vendors against any and all liability arising out of your use of such alternative interface device with the Service. BBTelsys has no obligation to support or service the use of such alternative interface devices in any way, and in its sole discretion may decline to provide the configuration information required to allow the device to effectuate the Service.
Back to Top

Copyright, Trademark, and Unauthorized Use: The Service and any BBTelsys equipment and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in any equipment, and all Services, information, documents and materials on BBTelsys's website are protected by copyright, trademark or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "Marks") of BBTelsys are and shall remain the exclusive property of BBTelsys and nothing in this Agreement shall grant you the right or license to use such Marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in a internet access device, other than a nontransferable, revocable license to use such firmware or software strictly in accordance with the terms and conditions of the Agreement, and that is exclusively for use in connection with the Service.
Back to Top

Audit and Law Enforcement: BBTelsys reserves the right to audit your use of the Service to enforce the provisions of this Agreement. BBTelsys 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.
Back to Top

CHARGES AND PAYMENTS

Billing: You may authorize BBTelsys to charge automatically to your credit card any amounts payable by you in connection with your use of the Service. Your right to use the Service is subject to any limits established by your credit card issuer. Your charges and credits issued are available upon request and potentially viewable on-line. You give BBTelsys permission to obtain authorization for use of your credit card from your credit card issuer. If the card expires, you close your credit card account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise BBTelsys at once. Your initial use of the Service authorizes BBTelsys to charge the credit card account number on file with BBTelsys, updated by any changed information related to card expiration, replacement, or substitution. This authorization remains valid until 30 days after BBTelsys receives your notice to terminate BBTelsys's authority to charge your credit card, whereupon BBTelsys will charge you for any outstanding charges and terminate the Service. BBTelsys bills all charges and applicable taxes monthly in advance (except for usage-based charges, which will be billed monthly in arrears, plus any other charges which BBTelsys chooses to bill in arrears) to your credit card or other then-authorized payment option. BBTelsys reserves the right to bill at more frequent intervals if the amount due at any time exceeds $50. All charges will be billed according to the rates and terms set forth in published materials.
Back to Top

Commencement of Billing: You understand that you are responsible for self-installation of any equipment and any configuration of the Service once you receive the Service. If an internet access device is shipped to you by BBTelsys, your Service is considered active five days after the shipment date or on the day you activate the Service, whichever comes first (the "Activation or In-Service Date"). You are encouraged to promptly complete installation of the Service since you will be responsible for full payment for the charges on your BBTelsys bill even if you have not yet installed the equipment and used the Service at the time the bill is rendered.
Back to Top

Guarantee: From time to time, BBTelsys may offer a risk-free "Trial Period" and terms of which may vary according to the terms of specific sales promotions as described in the promotional literature or on the website, which is applicable only to your first-ordered account. (You will not qualify for the Trial Guarantee program if you cancel and subsequently re-establish a BBTelsys account at the same or another location.) Under the terms of a Guarantee, if it applies, BBTelsys may refund some or all charges, excluding applicable taxes, provided the terms described below are satisfied. BBTelsys reserves the right to terminate or revoke a risk-free Guarantee at any time, without prior notice. In order to be entitled to this program, you must: (1) cancel the Service within the specified number of days in the Trial Period after the Activation Date; and (2) return any equipment undamaged and in original condition within seven days of Service cancellation, with all original packaging, documentation and accessory materials. No refund of usage charges will apply, including but not limited to, international calling and directory assistance charges. Equipment must be returned with a valid return authorization number obtained from BBTelsys customer service, following prescribed procedures. You are responsible for the cost and risk of return shipping, unless otherwise specified in the terms of the promotional offer that applied to your enrollment and activation.
Back to Top

BBTelsys Pre-paid Annual Plans: An annual service fee associated with the optional BBTelsys annual plans represents prepayment for twelve consecutive months of Service commencing on the Activation Date. You will be responsible for any additional charges for services or usage not covered by the plan, billed on a monthly basis. If you cancel the Service prior to the end of the yearly Service Period, you may be entitled to a refund. Refunds are granted based on changing the annual plan to an equivalent monthly payment service plan for the 12-month Service Period and deducting the prepayment for the months of use (prior to cancellation). At the conclusion of the yearly Service Period, your Service will automatically revert to the month-to-month plan covering the equivalent service features, unless you choose to renew the BBTelsys Pre-paid Annual Plan at the then-current renewal price.
Back to Top

Price and Price Changes: Prices and charges relating to the Service are posted on the BBTelsys 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 fifteen days (1) after posted on the BBTelsys website or (2) you are otherwise notified of the changes.
Back to Top

Failure to Pay: We may suspend, restrict, or cancel the Services and this Agreement, if you do not make payments for current or prior bills by the required due date. Service suspension or cancellation will result in your loss of the number associated with the Service.
Back to Top

Late Payment Charge: We may add interest charges to any past-due amounts at the lower of 1.5% per month or the maximum rate allowed by law, prorated for each day payment is past due. Acceptance of late or partial payments (even if marked "Paid in Full" or with other restrictions) shall not waive any of our rights to collect the full amount of your charges for the Service. You agree to reimburse us for reasonable attorneys' fees and any other costs associated with collecting delinquent or dishonored payments. If charges cannot be processed through your credit card, we will charge you an additional $15.00. If the state where you receive the Service requires a different fee, we will charge you that amount.
Back to Top

Fees and Taxes: You are responsible for, and must pay, any applicable federal, state, local or other governmental sales, use, excise, 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 associated equipment. These amounts are in addition to payment for the Service or equipment and will be billed to your credit card as set forth in this Agreement. If you are exempt from payment of such charges, you must provide documentation satisfactory to us that you are exempt. Tax exemption will only apply from and after the date BBTelsys receives this documentation. Taxes will be in the amounts specified by federal, state and local authorities.
Back to Top

Billing Disputes: You must notify BBTelsys within thirty (30) days after receiving your billing statement if you dispute any BBTelsys charges on that statement or such dispute will be deemed waived.
Back to Top

SERVICE CANCELLATION

You may cancel the Service at any time by notifying BBTelsys according to the procedures given on the BBTelsys website or sending an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it with all necessary account information. You remain fully liable for accrued charges outstanding at the time of termination, and you authorize BBTelsys to process these charges to your credit card. If you receive loaned equipment directly from BBTelsys at no additional charge and you cancel your BBTelsys Service, BBTelsys reserves the right to request that you return our equipment to us at your expense. Any equipment not promptly returned will be billed at its current list price or the BBTelsys price for an equivalent replacement.
Back to Top

INDEMNIFICATION

You agree to defend, indemnify, and hold BBTelsys, its affiliates, and agents and any other service provider who furnishes services to you or enables us to furnish services to you in connection with this Agreement or the Service, harmless from claims or damages relating to or arising out of the Service, the Adapter or its installation, or this Agreement, including, but not limited to, 911 Emergency Dialing or dialing associated with a security system.

You agree that BBTelsys should not be and is not responsible for any third party claims against us that arise from your use of the Service. Further, you agree to reimburse us for all of our costs and expenses related to the defense of any such claims, including attorneys' fees, unless such claims are based on our willful misconduct or gross negligence.
Back to Top

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 BBTELSYS SERVICE DESCRIBED HEREIN.
BBTELSYS'S LIABILITY TO YOU ON ACCOUNT OF ANY ACT OR OMISSION OF BBTELSYS RELATED TO THIS AGREEMENT, INCLUDING ACTS OR OMISSIONS RELATED TO 911 EMERGENCY DIALING, SHALL BE LIMITED TO ACTUAL DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY, OR BODILY INJURY OR DEATH PROXIMATELY CAUSED BY BBTELSYS'S INTENTIONAL MISCONDUCT OR RECKLESSNESS. EXCEPT FOR DAMAGES THAT ARE THE DIRECT RESULT OF BBTELSYS'S WILLFUL OR INTENTIONAL MISCONDUCT, YOU WILL NOT BE ENTITLED TO ANY OTHER DAMAGES, INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, REGARDLESS OF THE FORM OF ACTION. BBTELSYS 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, AND NOTWITHSTANDING THE FOREGOING, IN NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF BBTELSYS OR ITS AFFILIATES ARISING WITH RESPECT TO THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY USER IN THE TWELVE MONTHS UNDER THIS AGREEMENT IMMEDIATELY PRECEDING THE CLAIM.
Back to Top

WARRANTY LIMITATIONS

EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THE MATERIALS ACCOMPANYING THE EQUIPMENT, WE MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE OR ANY EQUIPMENT AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTIES THAT THE SERVICE WILL MEET CUSTOMER REQUIREMENTS. WE ALSO MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, BBTELSYS EMPLOYEES, AGENTS, OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
Back to Top

DISPUTE RESOLUTION BY BINDING ARBITRATION

IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION.

Any dispute or claim between you and BBTelsys arising out of or relating in any way to the Service or equipment provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator's decision shall be final and binding. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. Without limiting the foregoing, the parties agree that no arbitrator has the authority to award relief in excess of what this Agreement provides.

NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT, INCLUDING PUNITIVE OR EXEMPLARY DAMAGES OR ATTORNEYS' FEES. YOU AND BBTELSYS BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.

The arbitration shall be conducted in English in the State of Michigan and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or BBTelsys may seek any interim or preliminary relief from a court of competent jurisdiction in the State of Michigan, necessary to protect the rights or property of you or BBTelsys pending the completion of arbitration.

YOU ACKNOWLEDGE THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.
Back to Top

MISCELLANEOUS

General Provisions: This Agreement does not provide any third party with a remedy, claim, or right of reimbursement. Failure by BBTelsys to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. This Agreement, and all other aspects of the use of the Service and the BBTelsys website, shall be governed by and construed in accordance with the laws of the State of Michigan without regard to its choice of law rules. This governing law provision applies no matter where you reside, or where you use or pay for the Service. This Agreement constitutes the entire agreement between us and supersedes all prior agreements, understandings, statements or proposals concerning the Service, including representations, whether written or oral. No written or oral statement, advertisement, or service description not expressly contained in the Agreement will be allowed to contradict, explain, or supplement it. Neither you nor BBTelsys is relying on any representations or statements by the other party or any other person that are not included in this Agreement. If any provision in this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Back to Top

Events Beyond Our Control: BBTelsys 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.
Back to Top

Assignment: We can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement or the Service without our prior written consent.
Back to Top

Privacy: BBTelsys Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. BBTelsys is not liable for any lack of privacy which may be experienced with regard to the Service. Please refer to our Privacy Policy applicable to you on the BBTelsys website for additional information.
Back to Top

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.
Back to Top

Changes to this Agreement: BBTelsys may change this Agreement from time to time. Any changes will be posted at the Terms of Service section of the BBTelsys website, currently located at www.bbtelsys.com. 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 BBTelsys 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.
Back to Top

Where required by law, customers who cancel their service within the first three days, or seven days, as applicable, following acceptance of this Agreement will be refunded all charges incurred with respect to their account.

BBTelsys
3001 Orchard Vista Dr. SE
Suite 100
Grand Rapids MI 49546

Name:
Phone:
Email:
Subject:
Message:

Cloud-Based Communication Solutions

Terms and Conditions

Table of Contents: