ComTech Cloud Terms and Conditions
1. General Information
These Terms of Service constitute the agreement (“Agreement”) between ComTech Systems, Inc., and or ComTech Cloud, LLC. (“we,” “us” or “ComTech”) and the user (“you,” “user”, “Customer” or “Subscriber”) of ComTech’s business services and any related products or services (“Service”). This Agreement governs both the Service and any devices, such as an IP phone, Multimedia Terminal Adapter, Analog Telephone Adapter, switch, router or any other IP connection device or general equipment (“Device” or “Equipment”), if and when provided by ComTech and used in conjunction with the Service.
ComTech Cloud enables a hosted PBX and voice over IP (VOIP) service offering to customers. Some features are included as features that may be provisioned and managed via the ComTech portal software (“Customer Portal”), while other features may be provisioned as a custom configuration (“Custom Configuration”). ComTech shall bill according to the monthly recurring charges listed on the Service Activation Form provided to customer. All services are based on quantity of purchased service(s) and/or licensed package(s).
1.3 Hosted Private Branch Exchange (HPBX)
ComTech will enable a virtual HPBX Service that includes, but is not limited to, the following features and/or capabilities:
(a) Multiple levels of automated attendants
(b) Music on hold (music not included)
(c) Group extension routing
(d) Call center features including call queues
(e) Voice mail
(f) Voice mail to e-mail
(g) Call transfer
(h) Dedicated HPBX hosting including call recording (limits apply)
(i) And other features that ComTech may make available
1.4 PSTN Origination and Termination via SIP
(a) Currently supported SIP devices and softphones, and premise-based PBXs are available online via www.comtechcloud.com or a sub-domain.
(b) ComTech software also supports the ability to provision “bring your own” SIP device, although we do not provide technical support for such devices.
1.5 Software, Broadband, Cloud Computing and Relaxed Network Services
(a) Service provider administration
(b) Ability to add, modify, deactivate customer Hosted PBX’s
(c) Ability to view customer billing information generated by the Customer Portal
(d) Customer Administration
(e) Enable customer to administer their hosted PBX
(f) Customer Extension User
(g) Enable customer extension users to make configuration changes to their specific extension
New cabling is not included. ComTech will utilize existing data cabling. All existing cabling must have a direct/home-run termination back to the network switch. ComTech cannot install VoIP telephones in a multi-switch or hub environment. Cabling must be Cat 5e or higher. VoIP telephones will not operate on Cat 3 cabling. If new cabling is required, ComTech will perform the necessary work on a time & materials basis.
2. Use of Service and Devices
2.1 Service Changes
Customer can add or delete services from initial sales contract up to 20% of the contract value without penalty or reissuance of a new contract. Should services be added or deleted, they shall be per line item listed in the original signed agreement and shall not be inclusive of any discounts that may have been added. There is a $50.00 charge for any change orders written.
2.2 ComTech Responsibilities
ComTech represents it will exercise all reasonable efforts that will be required to procure equipment, configure services and work in conjunction with Customer, its vendors, providers and persons to ensure a successful implementation.
(a) ComTech shall be responsible for providing a primary point of contact “project coordinator” that shall assign and manage project responsibilities in the form of timelines and scope throughout project implementation. This shall include identifying points of responsibility and working in conjunction with the Customer’s primary point of contact for implementation which may include phone counts, locations, individual programming, electronics configuration, carrier configurations, porting of numbers, and all dates and times associated with converting services.
(b) ComTech will provide a “lead engineer” who will have technical responsibility for programming and hands-on work as required within this agreement.
(c) ComTech will continue to monitor and provide Customer updates as to any technical issues we encounter with the associated Customer network(s) and continue to work with Customer to establish optimal methods of achieving the highest quality voice transmissions throughout the term of this agreement.
(d) ComTech shall exercise commercially reasonable efforts to schedule and conduct installation and maintenance activities so as not to unreasonably interfere with Customer’s operation.
(e) ComTech, its agents or Customer is to install Hardware and/or Software at Customer’s site in accordance with this agreement.
2.3 Customer Responsibilities
(a) Customer represents that it has or has secured the authority necessary for the installation on its premises of all equipment necessary to provide the Services.
(b) Customer shall secure all licenses, permits, rights-of-way and other arrangements necessary for such installation.
(c) Customer shall allow ComTech reasonable access and right-of-way to Customer’s premises for equipment installation and maintenance.
(d) Customer shall be solely responsible for all costs related to preparing and maintaining its site.
(e) Customer shall be responsible for ensuring network readiness in accordance with the responsibilities outlined within this agreement. Site preparation and certification shall apply each time such products are moved to a new site, and in certain situations, may require additional implementation Services pursuant to a separate statement of work.
(f) Customer shall be responsible for providing and maintaining a full audit of their existing network architecture including all network devices, IP address numbering plan including gateway addresses; existing technologies including all existing hardware specification and capabilities; cabling infrastructure, redundancy and failover systems, utility electrical and uninterruptible power sources, network security requirements; and policy management for multiple types of data traffic.
(g) Customer shall supply necessary space, equipment, network, wiring, electrical power, and environmental conditions suitable for, and compatible with, ComTech’s equipment and provision of the Services.
(h) Customer will appoint a representative to act as a single point of contact to expedite any issues that may impede ComTech workforce from completing customer’s project in a timely and professional manner.
(i) Customer is responsible for all use of the Services, with or without its knowledge or consent.
(j) Customer is solely responsible for maintaining the security of its account, passwords, files, network and user access. Customer acknowledges that ComTech does not monitor, review or restrict information, communications, software, photos, video, graphics, music sounds, services or other material available from third parties and Customer assumes responsibility for and bears all risks associated with the accuracy, completeness, reliability or usefulness of said Content.
(k) After the system is programmed, each user is required to login to the system, record username, greetings, change password and completely set up voice mail. ComTech, Inc. recommends all attendees, after each training session, log in to the voice mail system.
2.4 Prohibited Uses
(a) Unlawful. You shall use the Service and the Device only for lawful purposes. We reserve the right to immediately terminate your Service if, in our sole and absolute discretion, we determine that you have used the Service or the Device for an unlawful purpose. In the event of such termination, you will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If we believe that you have used the Service or the Device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, ComTech will provide information in response to law enforcement requests, subpoenas, court orders, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others.
(b) Inappropriate Conduct. You shall not use the Service or the Device in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or any similar behavior. We will provide you written notification in the event of such conduct and allow 30 days to correct. In the event that such conduct has not been corrected, ComTech reserves the right to terminate services. In the event of such termination, you will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If we believe that you have used the Service or the Device in any of the aforementioned ways, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, ComTech will provide information in response to law enforcement requests, subpoenas, court orders, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others.
(c) Use of Service and Device by Customers outside the United States. Although we encourage you to use of the Service to place calls to foreign countries from within the United States, we do not presently offer or support the Service in any countries other than the United States and Canada. If you use the Service or the Device outside of the United States or Canada, you will be solely responsible for any violations of local laws and regulations resulting from such use.
(d) Copyright; Trademark. The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on our websites are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All of our websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively “marks”) are and will at all times remain our exclusive property. Nothing in this Agreement grants you the right or license to use any of our marks.
(e) Unauthorized Usage of Device; Firmware or Software. You have not been granted 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 the Device, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. You expressly agree that the Device is exclusively for use in connection with the Service and that we will not provide any passwords, codes or other information or assistance that would enable you to use the Device for any other purpose. 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 any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
(f) Tampering with the Device or Service. You shall not change the electronic serial number or equipment identifier of the Device or to perform a factory reset of the Device without our prior written consent. You shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose. In the event of such tampering ComTech will notify you in writing and allow you 30 days to correct such event. In the event that you have not corrected this violation, we reserve the right to terminate your service. In the event of such termination, you will remain responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will immediately become due and payable.
(g) Theft of Service. You shall notify us immediately, in writing or by calling our customer support line, if the Device 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 Device theft, fraudulent use or unauthorized use of Service. 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 any and all stolen, fraudulent or unauthorized use of the Service.
(h) Ownership and Risk of Loss. You will be responsible for devices and bear all risk of loss or, theft of, casualty to or damage to devices, from the time they are shipped to you until the time when they are returned to us in accordance with this Agreement.
3. Payments; Taxes; Default; General Charges
3.1 Payment and Collection
We will invoice you each month for Services rendered in the upcoming month. Invoices are due upon receipt. Automatic payments will be debited from your bank account or credit card on or around the date of invoice or the next business day if the billing day falls on a weekend or holiday. A finance charge of 1.5% per month, or the maximum amount allowed by law will be assessed for any payments not received per this schedule. Adherence to this payment schedule is a material obligation under this Agreement.
ComTech Cloud may adjust the price of goods or services to include any applicable taxes and/or any changes in product or shipping costs between the dates of order and delivery to customer. This includes but is not limited to market conditions, fuel surcharges, and expiring promotional pricing.
3.2 Billing by Credit Card
If you choose this option; when the service is activated, you must provide us with your address, valid email address and a credit or debit card number from a card issuer that we accept. Your subscription to the Service authorizes us to charge your credit or debit card. This authorization will remain valid until 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 any outstanding charges and terminate your Service. We may terminate your Service at any time in our sole and absolute discretion if any charge to your credit or debit card is declined or reversed, your credit or debit card expires, and you have not provided us with a valid replacement credit or debit card or in case of any other non-payment of account charges. Timely payment by credit card is a material obligation under this Agreement. If your Service is terminated, you will remain fully liable to us for all charges pursuant to this Agreement.
3.3 Billing by ACH Debit to Your Checking Account
If you choose this option; when the service is activated, you must provide us with your address, valid email address, bank account and bank routing information including bank ABA#, bank name, bank address and bank phone number. Your subscription to the Service authorizes us to charge your bank account. This authorization will remain valid until 30 days after we receive written notice from you terminating our authority to charge your bank account, whereupon we will charge your bank account for any outstanding charges and terminate your Service. We may terminate your Service at any time in our sole and absolute discretion if any charge to your bank account is declined, overdrawn, returned or reversed or your bank account is closed, and you have not provided us with a valid replacement bank account or in case of any other non-payment of account charges. Timely payment by ACH to your bank account is a material obligation under this Agreement. If your Service is terminated, you will remain fully liable to us for all charges pursuant to this Agreement.
We reserve the right to stop accepting credit or debit cards from one or more issuers or providing ACH withdrawal to any banking institution. If your credit or debit card expires, you close your credit, debit or bank account, your billing address changes, or your credit or debit card or bank account is canceled and replaced on account of loss or theft, you must advise us at once. We will bill all charges, applicable taxes and surcharges monthly in advance (except for usage-based charges, which will be billed monthly in arrears, and any other charges which we decide to bill in arrears) to your credit or debit card, including but not limited to:
- Monthly service fees
- Maintenance fees
- International usage charges
- Advanced features charges
- Equipment purchase/rental
- Interest and/or late fees
- Termination fees
- Liquidated damages
- Shipping / handling fees
- Activation fees
The amount of such fees and charges shall be published on our website and may change from time to time. 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.
3.4 Declined Payments
(a) Credit Card. Should the Customer’s credit card on file be declined, ComTech has the right to reattempt to charge the card several times before contacting the Customer for a different method of payment.
(b) Check. Should the Customer’s check bounce, ComTech will charge a fee of no less than $35 per each bounced check.
3.5 Billing Disputes
You must notify us in writing within seven (7) days after receiving your invoice or credit or debit card statement if you dispute any ComTech charges or you will be deemed to have waived any right to contest such charges. All notices of disputed charges should be sent to:
ComTech Cloud LLC firstname.lastname@example.org
7404A Lindbergh Drive or: Attn: Hosted Billing Dept.
Gaithersburg, MD. 20879
Discontinuance of Service. We reserve the right to suspend or discontinue the Service without cause along with a 60-day notice of such event. Customer will be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month’s charges.
If Customer fails to comply with any material obligation under the Agreement, that failure shall constitute a default. ComTech shall notify the defaulting Party in writing of the default. If the default is not remedied within thirty (30) days after receipt of the notice of default sent, then ComTech may declare the Agreement terminated and terminate all Services.
If Customer fails to cure its default within the applicable 30-day period, Customer shall pay to ComTech within thirty (30) days after receipt of written notice all amounts due ComTech prior to the date of termination plus liquidated damages (which damages shall not be construed as a penalty) equal to the monthly payment amount multiplied times the number of months remaining in the term of the Agreement.
In the event of a dispute involving this Agreement, the prevailing party in any dispute shall have the absolute right to seek reasonable attorney’s fees and costs relating to the resolution of dispute.
Customer is 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 as set forth in 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. Tax exemption will only apply from and after the date we receive such certificate.
3.9 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.
3.10 Charges for Directory Calls (411)
We will charge you a flat $3.00 per month for all calls made to directory assistance.
3.11 Charges for Conference Bridge Calls
We will charge you per minute for each caller who calls into your conference bride. Your Conference Bridge per minute usage fee will be the lower of (i) 3.9 cents per minute, or (ii) the per minute Conference Bridge usage fee determined in your Service Activation Form. The usage fee will be calculated, per minute, based on all participants on the conference bridge, including on-network and off-network participants.
ComTech For Your Managed IT Support
Located in Gaithersburg, Maryland, our team proudly services Maryland, Northern Virginia, and Washington, DC business owners. We’ve helped countless businesses access the tech support they need to be successful in the digital age. With our customized solutions designed to support sustainable scalability and uninterrupted service, your company will have the competitive edge it needs to remain successful and relevant. Find out how ComTech can help your business with managed IT solutions today!
ComTech proudly serves Maryland, Northern Virginia, and Washington, DC business owners, providing them with the managed IT services they need to be successful. Serving a wide range of industries, our IT professionals understand how high-functioning technology impacts your business performance.
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