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Terms and Conditions of use of Quick VoIP Services/Devices

This agreement ("Agreement") is between Quick Connect VoIP, Inc., d/b/a/ Quick Connect USA, or Quick Connect VoIP. ("we," "us" or "Quick") and the user ("you," "user" or "Customer") of Quick's enhanced Residential communications services or enhanced Small Business communications services and any related products or services ("Service") that use the Internet. This Agreement governs both the Service and any devices, such as an IP phone, Multimedia Terminal Adapter, Analog Telephone Adapter or any other IP connection device ("Device" or "Equipment"), used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms.

1. SERVICE

1.1 (A) Description of Service. The service is NOT a traditional regulated telephone service and is not of the same quality or reliability as regulated circuit based telephone service, nor does Quick make any representations comparing the Service to regulated telephone service. The service is a enhanced software driven protocol that gives the customer the ability to send and receive voice messages by means of your voice being translated into packets of digital information that are sent over the Internet to Quick's facilities, which reads the packets and routes them to the called telephone number. Likewise, when a person dials your number, the call is routed to Quick's facilities and sent to your “Device” (hardware sold separately), which causes your phone (if attached to any standard telephone handset) to ring, or your computer (if equipped to play sound) to notify you of the incoming call. The service will NOT work without the customer having working Internet access with a high speed connection. The service will NOT work over a dial up connection. The higher speed the connection the better the service will generally work. The connection can be via standard telephone lines such as DSL or T-1, or cable modem, regardless of the provider of either type of service. Quick provides very reasonable priced T-1 service in Michigan, but does NOT provide DSL or cable modem service. Since the message packets travel over the Internet, the security of your voice communications are no more safe than any other transmission you send or receive using your Internet connection.

(B)The FCC has declared that it has jurisdiction over VoIP telephone calls that are made back and forth between the Internet and the Public Switched Telephone Network (PSTN). It has been subjecting VoIP to many of the same requirements as traditional telephone service, such as currently 911 and enhanced 911 and contributions to the Universal Service Fund (USF) and requirements to cooperate with lawful intercept requests of law enforcement. USF fee is a percentage (changes periodically) of broadband internet access charges and interstate and international voice telephone like calls. USF fees are paid into a fund that reimburses libraries, schools, and rural for internet and telephone access. The FCC prohibits calling this fee a tax (the FCC has no taxing authority) and allows Quick to charge its customers for same, but is not obligated to do so. Quick is obligate to comply with FCC rules and regulations and will do so as same change and reserves the right to so comply without prior notice to the customer. Quick expects that some day, it will also be required to comply with rules and regulations of state public utility or service commissions and reserves the right to so comply without prior notice to the customer. As of July, 2006, VoIP is exempt from federal excise tax on local services and state sales and use taxes, however, quick will apply same without prior notice from the date any such taxing authority so requires. Such taxes are generally imposed directly upon the taxpayer, with Quick being appointed the taxing authorities billing and remitting agent, which means in plain language that the tax is due from the customer to the taxing authority in all cases anyway. As of July, 2006 Quick will charge a 911 or enhanced 911 reimbursement charge (different for every county or authority) , a USF charge on broadband Internet access services and interstate and international voice and date calls (usually fax) and customer agrees to pay for same.

(C). By signing Quick's application for service, the customer makes the material representation upon which Quick relies that he/she has high speed Internet access with at least the capability of 128 kbs download and upload (for One (1) and two (2) line service, proportionally higher for each additional line), and has a router with Quality of Service built in, or has purchases a Linksys RT312 for use with Quick service and is knowledgeable about all of the failures and frailties of the Internet including various reasons for its slowing down, and under performance, hacking, worms, viruses, unusual events or spamming causing spikes in usage and the like, all negatively affect it back-bone speed, and the quality of service from its own Internet service provider, such as inadequate facilities, negligence or incompetence in maintaining its network and equipment or lack of dual homing or inadequate sizing of its connections to its upstream provider(s), and the Service is subject to the same quality of service issues as are any other transmission you send or receive using you Internet connection

(D) T-1 service. When Quick provides a T-1 (DS-1) circuit to provide services pursuant to a business term contract, the customer understands that Quick buys same at wholesale rates from SBC and that SBC is solely responsible for the quality of such circuit. Quick monitors the customer premises device and will know when communication between same and its equipment fails. Quick will file trouble tickets with SBC when it suspects that SBC’s circuit fails and will notify customer of relevant communications from SBC about what caused the failure and when service is expected to be restored.

(E) POTENTIAL for price increase in term service agreements. In such cases where Quick provides the contract services by use of SBC’s facilities the customer understands that Quick has used the rates for SBC’s wholesale offerings in effect at the time the customer signed the Quick service agreement. These rates are controlled at present by either the FCC or the MPSC, or both. SBC seeks by all means possible to rid itself of such regulation and to win authority to increase these rates or to free itself entirely from such regulation. In the event that SBC is in successful in lawfully increasing its rates for T-1 service to the customer premises in excess of fifty ($50) dollars per month, the customer agrees that Quick may pass the increase in rates on to the customer beginning in the calendar month next following SBC’s increase. The customer understands that the functionality of the T-1 may be duplicated by a high speed cable internet connection of the same speed that is provided by theT-1 which could be used as a substitute for the T-1 and should Quick elect to make such pass through charge the customer shall have the right to try such cable internet service to see whether the quality of same is acceptable. Customer understands that they would have to make the arrangements for its chosen cable provider to install same, at customer expense. Customer understands that the T-1 service can remain active up to the moment of change over and testing, and can remain active as long as the customer needs to feel comfortable with the cable service, at which time, the customer can request that Quick terminate the T-1 service. The customer agrees to make all payments required of the cable company or provider until the T-1 service is terminated. On the date that the T-1 service is terminated, Quick will take over the payment of the customers cable internet service (only – not cable TV or other service) or credit the customer’s monthly invoice the amount of the cable internet service.

(F) Substitution of other high speed internet connections. Whereever there is second provider of high speed internet access available at the customer's premises that is suitable, in Quick's sole and absolute discretion, to provide VoIP service, Quick shall have the right to replace any current connection with such transmission medium to fulfil its obligations to the customer. Customer understands that such substitution will most likely result in the need to change any static IP addresses currently assigned to Customer for its uses. In this event, Quick will give Customer 7 days advance notice in order that Customer may make arrangements to change out existing IP addresses with new IP addresses on the date of conversion.

(G) Fax, credit card, alarm or other data lines. Customer understands and agrees that such services may initially require the use of a landline. In such instances, Customer agrees to take such landline service from VoIP's affiliate (Quick Communications, Inc.) which may acquire same from the provider of its choice and that such service may be converted from one underlying provider to another at Quick Communication's sole discretion. In such cases, Customer agrees that Quick VoIP can act as the billing agent for any charges, if any, charged by Quick Communications. However, Customer may elect to have Quick Communications, Inc. send invoices directly to the Customer. regardless, all such service shall be deemed to be on a month-to-month basis. Customer also understands and agrees that Quick VoIP may, in its sole discretion, convert any or all such landlines to digital IP service, at company cost, at any time and that Customer will grant the company access to its interior of its premises during normal business hours to accomplish such conversion.

 

1.1.1 Term
A.  Residential Service. is offered on a month-to-month basis only. Residential Service is billed one month in advance and the first month is pro-rated to the billing cycle date for your billing cycle. Example: Quick receives your application on the 10th of the month, builds your customer records and places you in the billing cycle that ends on the 25th of each month, and activates service on the 11th. Example: Assume your residential service fee is $29.95 (this example assumes one residential number and that you did not add on any other services) is pro- rated for the 14 days between the 11th and the 25th. Your first invoice will include the pro-rated amount to $14 and $25.95 for the first full month service. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give Quick written notice of non-renewal at least ten [10] days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then- current term, including without limitation unbilled charges, plus a disconnect fee of $25, all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement.

 

B.  Business Service.   Plans sold on our unlimited business service plan of $39.95 per line (all lines required) and our $19.95 and $9.95 plans are sold on a month-to-month basis and for same the terms of 1.2.A above apply.  All other plans are sold on term contracts, in one year increments from one year (12 months) to five years (60 months), unless a specific ICB contract states therein a different term.  All term contracts are required to be signed by a person authorized and with the legal capacity to bind the customer, and the customer makes this representation to Quick by signing such term contract. 

 

C.  NOTICE of LIQUIDATED DAMAGES for customer breach of business term agreement:  When Quick provides its T1 Service as a part of the term service agreement, quick makes an investment in same and in certain central office equipment necessary for the service to properly function.  Therefore, should the customer breach the agreement in any manner, Quick shall have the option to declare that all unpaid monthly payments called for in such agreement following the date of breach may be accelerated and declared immediately due and payable, as liquidated damages, and that all Quick’s obligations under such agreement shall be terminated, null and void.


1.2 The “Device”.

A. Residential or limited number of lines for business service. The “Device” is hardware or firmware in a so called “black box” that has to be connected in between your Internet access device and your standard land line telephone handset or computer (if equipped with a voice card and speakers and works for you to hear sound). This “Device” is sold separately, and must be pre-programmed to send your voice messages to Quick's facilities. This “Device” may be purchased by the customer from his/her vendor of choice, or purchased from Quick. Quick currently support a Sipura ATA and three Cisco/Linksys products. Each supports 2 lines. Line count can be expanded by plugging one 2 line device into one of the line ports of another device, which creates a 3 line capability, or by plugging 2 such devices into the primary device which renders a 4 line capability. NOTE: The Linksys RT312 is both a router and an ATA device. Since at all times, there should only be one (1) router on the same network, you should never plug one RT312 into another RT312. One should never plug one RT312 into any existing router.

B. Businesses not served with Sipura or Linksys devices.

(1) If the customer has an existing router with sufficient capacities, it could use a series of appropriate 1.2.A devices inserted between same and the lines used for telephone voice communications. If not, the customer can purchase same from its own sources. The customer can also purchase certain IP phone capability equipment that is generally available from various manufactures, however, Quick does is NOT responsible in any way for the functionality of such equipment and makes NO representations of any kind as to whether same is or will be compatible with Quick’s service, meaning that any service sold for use with same is on a strictly “trial and error” basis; meaning if it works fine, but if it does not or fails in use, all responsibility for such customer owned equipment is solely that of the customer and NOT Quick.

(2) Quick’s PBXtend. Quick makes a PC with software for use at the customer premises that is designed to work with Quick’s services. This is also a “device” within the meaning of these terms and conditions which shall apply thereto, unless a statement in this paragraph is in conflict with same, in which case this paragraph controls. Quick owns this PC which it has named its “PBXtend” or sometime referred to as its “voice gateway” or “voice/data gateway”. Quick does not sell this PC. The PC comes with and is a part of the service when the service is sold pursuant to a term contract that identifies that Quick will install same to make the service and features identified in the service contract functional. When provided pursuant to the requirements of such term contract, Quick will maintain its PBXtend during the term thereof. The customer agrees to provide a safe isolated location inside of its premises in a mutually acceptable space free of charge as a condition precedent to said term contract. The customer also agrees to allow Quick employees or contractors access to its premises for routine maintenance, repair or replacement of the PC and to remove it when the term contract ends. NOTICE: The customer agrees not to open Quick’s PC or tamper with the PC or its software in any manner or to copy or attempt to copy such software that resides therein under penalty that Should customer violate the sentence immediately preceding this one, the PC will automatically shut down operations, meaning the Quick service will cease, the customers obligation to make monthly payments will accelerate and all remaining payments shall be come immediately due and payable, and Quick shall have the option to enter and remove the PC from customers premises.

 

1.2.1 F.O.B. AND RISK OF LOSS. Unless otherwise stated on the face hereof, all shipments are F.O.B. Quick's facility. Quick's liability for delivery shall cease, and title (if applicable) and all risk of loss or damage shall pass to End User upon delivery to carrier. Any losses, damages, or cost of related insurance for equipment shipped to facility shall be added to base expense.

1.2.2 NO warranties as to “Device”
Regardless of from who purchased, Quick makes NO warranties of any kind, and disclaims all implied warranties of fitness for this purpose or any purpose or merchantability. Nor shall Quick be liable for any reason under any theory of tort or contract law or in any court of equity for any damages of any kind or nature whatsoever for any damages or any kind, real, imagined, feared, future, punitive, consequential, actual or any other kind that any lawyer can assert.

1.2.3 Refund the purchase price of any “Device” purchased from Quick or it's authorized Dealer. If, however, the customer purchase such “Devise” from Quick, or its Authorized dealer(s) and it does not work for any reason during the first 30 days after Quick first provides the Service to the customer, the customer may return the “Device” with the shipping box and all contents to Quick for a full refund of the purchase price.

1.2.4 Tampering with the Device
If you purchased the Device form Quick or its authorized dealers, you agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from Quick in each instance. Quick reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable.

1.2.5 Return of Device
The Device may be returned to Quick within fourteen (14) days of the line termination to receive a credit for the $25 disconnect fee described below. Provided: (i) Customer retained proof of purchase and original packaging and (ii) contents are undamaged and in original condition and (iii) and all documentation and packaging materials are returned. If Customer receives cartons and/or Devices that are visibly damaged, please note the damage on the carrier's freight bill or receipt and keep a copy. Keep the original carton, all packing materials and parts intact and contact Quick's customer care department immediately. Warranty coverage varies depending on the type of Device that Customer chooses. Please refer to the Quick warranty materials included in the packaging of your Device(s).

1.2.6 Residential Use of Service and Device
If you have subscribed to Quick's Residential services, the Service and Device are provided to you as a residential user for your own use and not sharing with non-family members or any third parties, upon your representation that both are for your personal, residential, non-business and non-professional use. This means that you are not using them for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, sales, telecommuting, telemarketing, auto dialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential voice usage patterns. This also means that you are not to resell or transfer the Service or the Device to any other person for any purpose, or make any charge for the use of the Service, without express written permission from Quick in advance. You agree that your use of the Service and/or Device, or the use of the Service and/or Device provided to you by any other person for any commercial or governmental purpose will obligate you to pay Quick's higher rates for commercial service on account of all periods, including past periods, in which you use, or used, the Service for commercial or governmental purposes, and you also agree to pay Quick 3 cents per minute (whole minute increments) of use for all calls made outside the local area of the area code and exchange assigned to you and your Device. Quick reserves the right to examine the customer's call patterns and immediately terminate or modify the Service, if Quick determines, in its sole discretion, that Customer's Service is being used for non-residential or commercial use.

1.2.7 Small Business Use of Service and Device - Prohibition on Resale
If you have subscribed to Quick's Small Business services, the Service and Device are provided to you as a small business voice user. You are prohibited from reselling or transferring the service or device to any other person for any purpose, without express written permission from Quick in advance. You agree that the Quick Small Business Plans are for normal small business use, where the ratio of incoming calls to outgoing calls are within 80% of a 1 incoming to 1 outgoing call ratio, and specifically do not confer the right to abuse the service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting, and agree to pay Quick 3 cents per minute, whole minute increments of use for such abuse of Quick Service. Quick reserves the right to immediately terminate or modify the Service, if Quick determines, in its sole discretion that Customer's Service is being used for any of the aforementioned activities or is more than 80% out of balance.

1.2.8 installation of Quick service and/or devises at the customer premises.
A. Customer agrees that Quick may charge an installation fee for such installation at each of the customer's physical locations as is pertinent. this fee may be waived in exchange for a long term agreement that is in fact honored or other consideration rendered to Quick. However, in the event that customer reneges on full performance of the consideration bargained for by Quick, customer agrees that Quick shall have the right to back bill customer for the reasonable cost of such installation which shall include among other things all charges made by any contractor or sub-contractor to Quick for any service installation (an example would be the actual service circuit provider for DSL, cable , or T-1, or wireless broadband service) plus materials used by Quick and the time of its installers billed at the rate of $75 per hour.

B. Customer agrees that Quick is NOT responsible in any manner for the condition of the customer's inside wiring, data network, equipment or software (collectively hereafter called "customer's inside stuff"), and that the customer is solely responsible for same and its compatibility with Quick's service , hardware and software. Customer agrees that Quick's responsibility associated with its agreements and service stops at the de mark point of the underlying circuit provider for DSL, cable, or T-1, or wireless broadband service. Quick will advise Customer of the compatibility of the customers inside stuff with its services, hardware and software. Quick has no duty to install its services, hardware, or software or to proceed further with the service agreement in the event that the customer's inside stuff is deemed by Quick in its sole and absolute discretion to be incompatible with Quick's products and services, and in said event of incompatibility, Quick may withdraw all of its services, hardware and software and terminate all agreements with customer.

C. Quick may but is not obligated to, in its sole and absolute discretion, attempt for a fee agreed upon between the parties in advance with customer, attempt to undertake such corrective actions as is deemed by Quick to be required to to make the customers inside stuff compatible with Quick's services and products. However, customer agrees that there can be no guarantee that such corrective action will work, and agrees that Quick may in its sole and absolute discretion abandon such corrective action at any time that Quick reaches the good faith conclusion that its proposed solution will not work. Customer relies solely upon Quick's self interest in making the attempted action work so that Quick can earn its monthly fees set forth in the relevant service agreement as sufficient incentive for Quick to try to make its attempted solution work.


1.3 Lawful Use of Service and Device

1.3.1 Prohibited Uses:
a) You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in Quick's sole judgment the transmission, receipt or possession of such communication or material (i) would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (ii) encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. You agree that Quick may in its sole and absolute option, terminate your service immediately and without advance notice if Quick, believes that you have violated the above restrictions, or any governmental agency, commission, department, or subdivision threatens negative action against Quick. If so terminated, you are nevertheless responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable. You are liable for any and all use of the Service by any person making use of the Service and you and agree to indemnify and hold harmless Quick against any and all liability for any such use that fails to comply with any provision of this document. You further agree that Quick may forward any objectionable material causing such termination, as well as your communications with Quick and your personally identifiable information to the appropriate authorities for investigation and prosecution.

b) CRITICAL COMPONENTS. Quick's EQUIPMENT AND SERVICES ARE NOT AUTHORIZED FOR USE AS CRITICAL COMPONENTS IN LIFE SUPPORT DEVICES OR SYSTEMS WITHOUT THE EXPRESS WRITTEN APPROVAL OF THE PRESIDENT OF Quick. Life support devices or systems are those which are intended to support or sustain life and whose failure to perform can be reasonably expected to result in a significant injury to the user. Critical components are those whose failure to perform can be reasonably expected to cause failure of a life support device or system or affect its safety or effectiveness. Quick's EQUIPMENT AND SERVICES DO NOT SUPPORT 911 OR OTHER EMERGENCY FUNCTIONS AND WILL NOT FUNCTION IN THE ABSENCE OF ELECTRICAL POWER OR PROPER NETWORK CONNECTION AND FUNCTION.

1.3.2 Use of Service and Device by Customers Outside the United States:
You may have noticed that the Device is portable and will likely work by connecting it to any high speed Internet connection in the world, although Quick does not guarantee same. While we encourage use of the Service within the United States to send and receive voice messages over the Internet from other countries, Quick does not presently offer or support the Service to customers where the “Device” is physically located in other countries. If you remove the Device to a country other than the United States and use the Service from there, you do so at your own risk. Quick has NOT done research and will not do so for other countries. Therefore, the risk that such activity violates local laws in the country where you do so is entirely upon the customer. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you.

1.4 Loss of Service Due to Power Failure
You acknowledge and understand that the Service does not function in the event of power failure. Therefore, an additional back up power supply for the “Device” is recommended. Should there be an interruption in the power supply; the Service will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service. Power disruptions or failures will also prevent dialing to emergency service number.

1.5 Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software
The Service and Device and any firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on Quick's web site(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All web sites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of Quick are and shall remain the exclusive property of Quick and nothing in this Agreement shall grant you the right to 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 Customer in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement, and that the Device, if purchased from Quick or its authorized dealer, is exclusively for use in connection with the Service. If you decide to use the Service through an interface device not provided by Quick, which Quick reserves the right to prohibit in particular cases or generally, 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 Quick against any and all liability arising out of your use of such interface device with the Service.

1.6 Theft of Service
You agree to notify Quick immediately, in writing or by calling the Quick customer support line, if the Device used to access Quick Service is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. You will be liable for all use of the Service using a Device programmed to access Quick Service, stolen from you and any and all stolen Service or fraudulent use of the Service.

1.7 Number Transfer on Service Termination
Quick may, solely at the Company's discretion, release the telephone number that was ported in to Quick by you and used in connection with your Service provisioned by Quick to your new service provider, if such new service provider is able to accept such number, upon your termination of the Service, and provided (i) your account has been terminated; and (ii) your Quick account is completely current including payment for all charges and disconnect fees; and (iii) you request the transfer upon terminating your account.

1.8 Service Distinctions
You acknowledge and understand that the Service is NOT a telephone service. Important distinctions exist between telephone service and the enhanced Service offering provided by Quick. The Service is subject to different regulatory treatment than phone service. This treatment may limit or otherwise affect your rights of redress before Federal and State telecommunications regulatory agencies. In fact, at present, this VoIP is NOT regulated by either the FCC or the Michigan Public Service Commission, although there is a proceeding pending before the FCC to determine whether and to what extent it may take jurisdiction and issue rules and regulations.

1.9 A. NOTICE and CONSENT to sound recording of conversations.
In order that Quick may monitor any or all conversations between it and its customers, to improve upon employee performance or enhance customer service, Customer hereby consents to Quick recording any telephonic, internet, or other data voice conversations between them and any of Quick’s employees or contractors.

1.9 B. Use of inappropriate language.
Quick employees have a right to expect that customers will conduct themselves at all times in a civil and business like manner. Quick employees are hired to provide service and help to the customer and his/her /its needs and not to be someone’s whipping post or target of anger. Therefore, Customer agrees when communicating verbally with any and all Quick employees, whether in person or otherwise, not to use any violent, vulgar, indecent, obscene, or offensive language (including the use of swear words such as the "F" word , N word, shit, damn) or hate speech or to raise their voice to a lever in excess of 80 decibels or what an average person would consider to be yelling. Customer agrees that without any prior notice of any kind, any Quick employee may sound record any portion of any conversation that provides evidence of such offensive language, starting in mid conversation.

1.9 C. Charge for use of inappropriate language.
Customer hereby agrees that Quick may impose a charge of $25 per incident in the event that the customer or its legal representative uses language that violates section 1.9B above, which is documented by a sound recording. Such sound recording shall be made available to the customer upon request.


2. NO EMERGENCY SERVICES- 911 DIALING

2.1 Non-Availability of Traditional 911 or E911 Dialing Service:
You acknowledge and understand that the Service is NOT telephone service, and does NOT support traditional 911 or E911 access to emergency services. Quick recommends that the customer activate speed dialing features and programs in to same the emergency number of the customer's local sheriff or police agency, fire department, and any other emergency service the customer is in need of, and write down the speed dialing numbers for each on white tape and affix it to the handset and to notify all occupants of the customer's home of the numbers on the tape and to inform them 911 does NOT work from the subject handset, but to dial the speed dial numbers on the white tape for each such emergency service needed. Quick makes no representations or warranties that the speed dialing recommendation is a substitute for 911 services, or is equal in quality or response time to dialing 911 from a regulated telephone line. In fact, the response time will be slower because the regulated 911 service transmits the call to a Public Safety Answering Point (PSAP) call center where operators are present 24 hours a day, every day of the year, and your addressed flashes up to the operator on their equipment automatically. The speed dialing call does NOT ring into this call center, but the emergency line of the agency called and that line may be busy, or not answered, and if answered, your address will not flash up to the called party, and you will have to tell whoever answers your address. If you or occupant making the call is unable to speak, the speed dialed call will be worthless for notifying emergency services of your needs. NO home should be without 911 or E911 dial capability, so Quick strongly urges the customer to have at least one active regulated telephone land line for such emergency use. Cellular or other wireless phone is NOT a substitute for a regulated land line for 911 or E911 either.

2.2 Service Outage:
You understand and agree that any event that causes a power or Service outage will prevent the ability to send or receive voice messages using the Service. This includes all used of the Service, such as speed dialing to call an emergency service. In the event of a power outage, the use of the Service will Not return unless the power is restored, and you may even have to reset or re-configure equipment including the “device” before he Service is usable again. You may have to call Quick customer service (800) goQuick to restore the Device (from your cell phone or land line that you left functional). Of course service outages of your broadband Internet provider will interrupt your service as well as suspension of your account due to billing issues.

2.3 Limitation of Liability and Indemnification
You acknowledge and understand that the Company's liability is limited for any Service outage and/or inability to speed dial from your line or to access emergency service personnel, as set forth in this document. You agree to defend, indemnify, and hold harmless Quick, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service relating to the absence, failure or outage of the Service, including speed dialing and/or inability of Customer or any third person or party or user of Customer's Service to be able to speed dial or to access emergency service personnel.

2.4 Change of Physical Location of Quick Equipment:
You acknowledge and understand that speed dialing your police or fire department that were local to you when you programmed their numbers into your speed dialing may not help you if you take your device to another location outside of their jurisdiction and that if you want your speed dialing function to summon either service, you should program in new speed dialing numbers for those emergency agencies that serve the physical location where you attach the quick device to the Internet.

2.5 Do not disconnect regulated land line telephone service. Do not be penny wise and pound foolish. Quick and its employees, contractors, and independent contractors, recommends that the customer NOT disconnect or terminate any of the customers regulated land line telephone service which does provide 911 or E911 service. Same generally works in a power outage (except regional brownout) and the call goes straight to a PSAP call center with operators waiting and your address is flashed to the operator so she/he can summon help even if you can not or will not speak. Customer agrees to ignore any advice to disconnect any such emergency service given on this subject from any Quick employee, agent, contractor, and independent contractor, and to only do so based upon the customer's own independent judgment and without reliance upon any statement or writing of Quick, its employees, agents, contractors, or independent contractors.

2.6 Automated Location Identification:
Since Quick does NOT provide 911 Dialing, it is not possible to transmit identification of the address that you have listed to the Public Safety Answering Point (PSAP) and local emergency personnel for your area when you dial 911. When you call emergency personnel on your own, You acknowledge and understand that you will need to state the nature of your emergency promptly and clearly, including your location, as the called personnel will NOT have this information. You acknowledge and understand that emergency personnel will not be able to find your location if the call is unable to be completed, is dropped or disconnected, if you are unable to speak to tell them your location and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.

2.7 Alternative 911 Arrangements
You acknowledge that Quick does not offer primary line or lifeline services. You should always have an alternative means of accessing traditional E911 services.

3. CHANGES TO THIS AGREEMENT

3.1 Quick may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted. Agreement posted supercedes all previously agreed to electronic and written Terms of Service.

3.2 NO authority to change these terms and conditions. Only the President of Quick shall have the authority to change, add to, delete from, modify, alter or other wise affect these terms and conditions. Such changes will be made on the web site and notice given under the "Service Announcements" section of the Quick Web Site (currently located at http://www.800goQuick.com). NO other employee, agent, contractor, or independent contractor has any authority, express or implied, to make any of same. IF the customer perceives that any non-authorized person has made a verbal or written statement that conflicts with these terms and conditions, the customer agrees as an inducement to Quick providing service, not to rely on same, but rather to ignore same as being inconsistent with these terms and conditions and therefore of no force and effect.


4. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION

4.1 Billing
You must give us a valid credit card number when the Service is activated. You hereby authorize Quick to bill all of its charges to the credit card given. If the card expires, you close your account or your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise Quick at once. We will bill all charges monthly to your credit card, including but not limited to: activation fees, monthly Service fees, international usage charges, advanced feature charges, equipment purchases and shipping and handling charges. If the card rejects our billing, Quick may bill the card in small amounts, as frequently as Quick desires, adding up to the amount owed.

4.2 Billing Disputes
You must notify Quick in writing within 14 days after receiving your credit card statement if you dispute any Quick charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address:

Accounts Receivable
Quick Connect VoIP
5850 Dixie Highway
Clarkston, MI 48346
Or email
service@800goQuick.com
or
1-800goQUICK or 1–800–467-8425

 

4.3 Payment terms.

A. All services for residential and small business are due from credit or debit card upon date of invoice, and are billed one month in advance.

B. All services defined in a term agreement are due net 15 days, unless stated otherwise in the agreement, and are billed one month in advance, except for surcharges for usage over the included amounts in the monthly fee. Such surcharges shall be invoiced at random and shall be due and payable net 15 days from date of invoice.

C. Quick only accepts payments by credit card, pay by phone, electronic funds transfer, or if the card has reached its credit limit, via check, wire transfer, or payment in cash at our home office. Do NOT send cash through the mail. Quick will NOT accept cash sent through the mail or over night delivery. Your initial use of the Service authorizes Quick to charge the credit card account number on file with Quick, including any changed information given Quick if the card expires or is replaced, for Quick charges that accrue during the billing cycle. This authorization will remain valid until 30 days after Quick receives your written notice terminating Quick's authority to charge your credit card. Quick may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with Quick is declined or reversed or in case of any other non-payment of account charges via any other method, such as an EFT and it is rejected by your bank. Termination of Service for declined card, reversed charges or non-payment leaves you FULLY LIABLE to Quick for ALL CHARGES ACCRUED BEFORE TERMINATION and for charges incurred by Quick owing to your non-payment, such as (but not limited to) collection costs and attorney's fees. This sub-section only applies to residential and small business accounts.

4.4 Termination/Discontinuance of Service
Quick reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If Quick discontinues providing the Service generally, or terminates your Service in its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges. If your Service is terminated for any stated reason, including without limitation violation of this Agreement, or because of any improper use of the Service or Device (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service), you will be responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable.

4.5 Taxes
As you know, taxes are levied by some level of government upon the buyer of goods and services, who always have the obligation to pay the taxes, but authorize and generally require the seller to collect and remit the tax due to the appropriate governmental agency. Regulated telephone service is taxed by some 35,000 governmental jurisdictions in the United States. Quick does not influence which segments of governments levy taxes on which goods or services. Quick will, however comply with all taxing authorities. Customer is responsible for, and shall pay any applicable federal, state, 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 Customer's 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 your account. If Customer is exempt from payment of such taxes, it will provide Quick with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date Quick receives the Tax Exempt Document. Notwithstanding all of the above, Quick is of the belief that Voice over Internet Service is a software application service that is not defined as a telephone service under federal law or the law of the State of Michigan as of the date you read this, and is therefore not taxable under the federal excise tax, nor the state of Michigan's sales or use taxes. Such can change at any time and Quick will comply with all such changes. Toll free (800) service is however is defined as a telephone service and is taxable under both the federal excise tax at the current rate of 3% and state of Michigan use tax of 6%. The “Device” is a good that is subject to Michigan sales tax.

4.6 Disconnect Fee
Customer will be charged a disconnect fee of $25 per voice, FX or fax line (NOT toll free 800 service) upon termination of Service for any reason or for convenience by Customer. The disconnect fee becomes due and payable immediately upon termination and will billed directly to Customer's credit card. If Customer has multiple lines, Customer will be charged a disconnect fee of $25 per line for each line disconnected.

4.7 Money Back Guarantee
Quick offers a 14-day money back guarantee, applicable to one primary line per account, not additional or secondary lines. Under terms of the Money-Back Guarantee, Quick refunds the activation fee, first month of service, shipping charges and waives the disconnect fee. Quick reserves the right to terminate or revoke the Money-Back Guarantee at any time, without prior notice.

User must cancel service within 14 days of the account activation. Equipment must be returned within 14 days. Usage must not exceed 300 minutes within the first 21 days of service. User is responsible for any charges for overage, international traffic or directory assistance. Accounts exceeding 300 minutes of usage are not eligible for refund.


5. WARRANTY and LIABILITY LIMITATIONS / INDEMNIFICATION


5.1 Limitation of Liability
Quick 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:
1.) act or omission of an underlying carrier, service provider, vendor or other third party;
2.) equipment, network or facility failure;
3.) equipment, network or facility upgrade or modification;
4.) force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot;
government actions;
5.) equipment, network or facility shortage;
6.) equipment or facility relocation;
7.) service, equipment, network or facility failure caused by the loss of power to
Customer; or
8.) any other cause that is beyond Quick's control, including without limitation the failure
of an incoming or outgoing communications, the inability of communications to be
connected or completed , including 911 dialing (not available) and speed dialing, or
degradation of voice quality.
Quick's liability for any failure or mistake shall in no event exceed Service charges with
respect to the affected time period. This paragraph shall survive termination of this
Agreement.


5.2 No Consequential Damages
In no event shall Quick, its officers, directors, employees, affiliates or agents, contractors,
subcontractors, independent contractors, or any other service provider who furnishes
services to Customer in connection with this Agreement or the Service be liable for any
incidental, indirect, special, punitive, exemplary or consequential damages, or for any
damages, including but not limited to loss of data, loss of revenue or profits, or arising
out of or in connection with the use or inability to use the Service, including inability to
be able to dial 911 (not available) or to access emergency service personnel through the
Service. The limitations set forth herein apply to claims founded in breach of contract,
breach of warranty, products liability, tort and any and all other theories of liability and
apply whether or not Quick was informed of the likelihood of any particular type of
damages. This paragraph shall survive termination of this Agreement.

5.3 Indemnification
Customer agrees to defend, indemnify, and hold harmless Quick, its officers, directors, employees, affiliates, contractors, sub-contractors, independent contractors and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable actual attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service, relating to this Agreement, the Services, including 911dialing (not available) or any dialing to summon emergency services, or the Device. This paragraph shall survive termination of this Agreement. The customer agrees to reimburse Quick's costs of defense as same are incurred on a month by month basis and within 10 days following Quick mailing an invoice for same. The duty in this paragraph are independent of the success of the complainant on the merits of any such complaint against Quick. The customer agrees that should it fail to make such timely payments, that Quick may apply to the Oakland County Circuit court for an order or preliminary injunction compelling the customer to make full compliance with any or all of the provisions of this section, and hereby consents to its issuance. The customer also agrees that this section 5.3 shall not be subject to the arbitration provision set forth in section 6.1 or below.

5.4 No Warranties on Service
Quick makes no warranties, express or implied, including but not limited to, any implied
warranties of merchantability or fitness of the Service or the Device for a particular
purpose. Quick does not warrant that the Service will be without Service failure, delay,
interruption, error, degradation of voice quality or loss of content, data or information.
Neither Quick nor its officers, directors, employees, affiliates or agents or any other
service provider or vendor who furnishes services or products to Customer in connection
with this Agreement or the Service will be liable for unauthorized access to Quick's or
Customer's transmission facilities or premises equipment or for unauthorized access to, or
alteration, theft or destruction of, Customer's data files, programs, procedures or
information through accident, fraudulent means or devices or any other method,
regardless of whether such damage occurs as a result of Quick's or its service provider's
or vendors' negligence. Statements and descriptions concerning the Service or Device, if
any, by Quick or Quick's agents or installers are informational and are not given as a
warranty of any kind. This paragraph shall survive termination of this Agreement.


5.5 No Warranties, or Limited Warranties, for Devices
If Customer purchased the Device new from Quick and the Device included a limited
warranty at the time of purchase, Customer must refer to the separate limited warranty
document for information on the limitation and disclaimer of certain warranties. If
Customer's Device did not include a limited warranty from Quick at the time of purchase,
Customer agrees that it accepts its Device "as is" and that Customer is not entitled to
replacement or refund in the event of any defect. This paragraph shall survive
termination of this Agreement.

5.6. DISCLAIMER OF CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL
Quick OR ITS VENDORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY
DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF
REVENUE OR PROFITS, OR ARISING OUT OF OR IN CONNECTION WITH THE
USE OR INABILITY TO USE SERVICES OR PRODUCTS PROVIDED
HEREUNDER WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF
WARRANTY, THE NEGLIGENCE OF Quick OR ITS VENDORS OR OTHERWISE.
This paragraph shall survive termination of this Agreement.

5.7 No Third Party Beneficiaries
All agreements between the customer and Quick are personal. However, Quick may
assign its rights under this agreement to any party in any commercially reasonable
transaction, including sale or merger or pledge for security for any loan(s) or financing.
The customer shall not assign any of its rights to any third party. 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. This paragraph shall survive termination of this Agreement.


5.8 Content
The customer is liable for any and all liability that may arise out of the content
transmitted by said customer or Users using the Services. You shall assure that your or
User's use of the Services and content will at all times comply with all applicable laws,
regulations and written and electronic instructions for use. Quick reserves the right to
terminate or suspend affected Services, and/or remove Your or Users' content from the
Services, if Quick determines that such use or content doer not conform with the
requirements set forth in this Agreement or interferes with Quick's ability to provide
Services to you or others or receives notice from anyone that Your or Users' use or
Content may violate any laws or regulations. Quick's actions or inaction under this
Section shall not constitute review or approval of your or Users' use or Content. You will
indemnify and hold Quick against any and all liability arising from the content
transmitted by or to you or to Users using the Services. A "User" means any person,
whether authorized or unauthorized, using the Service and/or Device provided to you.
This paragraph shall survive termination of this Agreement.


6. GOVERNING LAW / RESOLUTION OF DISPUTES


6.1 Mandatory Binding, Non-Appeal able Arbitration
This section 6.1 shall not apply to section 5.3 above. However, any other dispute or claim made by Customer, or any one who claims rights through the customer against Quick arising out of or relating to the Service or a Device 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 petition or request for arbitration shall be filed only in Oakland County, Michigan. The arbitrator's decision shall follow the plain meaning of the relevant documents (including these terms and conditions), and shall be final and binding. Without limiting the foregoing, the parties agree that said arbitrator shall NOT have any authority to: (i) award relief in excess of what these terms and conditions provide; or (ii) award punitive or exemplary damages. The Arbitration award shall be non appeal able except for violations of this section 6.1. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer shall not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in arbitration. Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial. The arbitrator shall agree that he/she shall NOT charge for more than 4 hours of his time for reading the relevant service agreement, these terms and conditions, the parties complaints and answers thereto, and familiarizing him/herself with the industry. The arbitrator shall agree to enforce the following limitations on discovery that the parties hereby agree. No more than three (3) depositions shall be taken by any party nor shall any such deposition last more than four (4) hours nor shall any single deposition be suspended midway through, it being the parties intent that any deposition started shall be held and completed on a single day. No party shall serve the other party with more than 10 single issue requests for admission nor more than 20 single issue interrogatories, it being the parties express intention that multi part requests and interrogatories be banned. Each party shall ask for no more than the production of 10 documents and no document that has been sent from one party to the other shall be required to produce, such as the service agreement, san invoice, an email or letter or any other matter where common sense would dictate that both sides have had the opportunity to read and keep the document. However, any party that intents to produce a document for the arbitrator to read or to cross examine an opposing witness shall voluntarily produce and furnish a copy of same with an index as to all such documents so produced and filed with the arbitrator, to the other party within 30 days following the filing of an answer to any complaint or counter claim or similar pleading, and upon failure to do so, the document shall be barred from use by the offending party. In the event that the arbitrator shall not agree to all of the provisions of this section 6.1, either party may file a complaint in the Oakland County Circuit Court seeking the appointment by the court of an arbitrator who will so abide. In such action, the Court shall take into account the nature of the respective parties claims and appoint an arbitrator who has some experience or expert knowledge sufficient to adjudicate the claims. For instance, if there is an accounting dispute the arbitrator should be a CPA enough years in practice to make a competent analysis of such claims, or if the issues raise claims of quality of service, that the arbitrator have experience in working for or on behalf of VoIP service providers or related telecommunication services. The parties agree to split the arbitrator's fees 50/50, unless the customer's claims fall within its indemnity obligations of section 5.3 above, and in which case, all such fees shall be paid by the customer.

This section 6.1 shall survive termination of this Agreement.

6.2 Governing Law
The Agreement and the relationship between you and Quick shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions. You and Quick agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Michigan. The failure of Quick to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. This paragraph shall survive termination of this Agreement.

6.3 EXPORT COMPLIANCE. End User agrees to comply with U. S. Export laws concerning the transmission of technical data and other regulated materials via the Services. End User agrees to comply with applicable local, state and federal regulations governing the locality in which the Equipment and Services are used.

6.4 Entire Agreement
This Agreement and the rates for VoIP Services found on Quick's web site constitute the entire agreement between you and Quick and govern your use of the Service, superseding any prior agreements between you and Quick and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon Quick unless and until posted in accordance with Section 3 hereof.

6.5 Sever ability
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.


7. PRIVACY

Quick Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Quick is not liable for any lack of privacy which may be experienced with regard to the Service. Please refer to our Privacy Policy at www.Quick.com for additional information.


8. CHANGES; NOTICES

8.1 Quick shall retain the right to make any and all changes to any service plan, prospectively. Notice to Customer of any changes to the "Terms of Service" shall be considered given by posting to the "Service Announcements" section of the Quick Web Site (currently located at http://www.quickconnectusa.com/service_announcements.asp and following November 21, 2005, listed under the legal button on this web site.). Notice will be considered received by Customer, and such changes will become binding on Customer, on the date posted to the Quick Web Site and no further notice by Quick is required. The customer can, within ten (10) days of Quick's notification, send notice to Quick that the customer does not accept the Change of Service, and can terminate this Agreement. In such event, the customer will be responsible for any sums due hereunder in addition to any applicable disconnection fees. If the End User does not send Quick notification of their desire to terminate this Agreement or uses the Services after the Change Date, the End User is deemed to have accepted and consented to the Change of Service.

8.2 OTHER NOTICES TO/FROM SPECIFIC CUSTOMER. . Quick communicates with the customer primarily via email. Notices to the customer shall be sent to the email address specified by the customer at the time of registration for the Services or as subsequently specified by the customer ("Email Address"). The customer is responsible for notifying Quick of any Email Address changes. The customer agrees that sending a message to the Email Address is the agreed upon means of providing notification. The Email Address is used to communicate important information about the Services, billing, changes to the Services and other information. The information is time-sensitive in nature. It is required that the End User read any email sent to the Email Address in a timely manner in order to avoid any potential interruptions in the Services provided hereunder. This section over-rides section 8.1 if there is a conflict.

9.10 TELEPHONE NUMBERS AND WEB PORTAL DISCONTINUANCE.

9.10.1 Any telephone number provided by Quick ("Number") to the customer shall be leased and not sold. End User shall not obtain any rights, title or interest in the Number. The Number is not portable to other service providers. The End User is not to use the Number with any other device other than the Equipment without the express written permission of Quick. Quick reserves the right to change, cancel or move the Number at our discretion. This paragraph shall survive termination of this Agreement.

9.10.2. PHONE NUMBERS AND WEB PORTAL DISCONTINUANCE. Upon expiration, cancellation or termination of the Services, The customer shall relinquish and discontinue use of any phone numbers, voice mail access numbers and/or web portals assigned to the customer by Quick or its vendors. This paragraph shall survive termination of this Agreement.

Last Updated: 2:50 pm November 11, 2005